DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6789)

SKY LABB (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 AUGUST 2021

Application for approval of the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Sky Labb (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was lodged with the Fair Work Commission, which has the authority to approve collective agreements that are intended to regulate the terms and conditions of employment between employers and their employees. The union and the employer sought the Commission's approval of the agreement which outlined the terms and conditions of employment for the employees of Sky Labb (QLD) Pty Ltd.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to determine whether the agreement provided for a fair and reasonable way of regulating the terms and conditions of employment, and whether it included any terms that were contrary to the public interest. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement was in compliance with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission was satisfied that the agreement provided for a fair and reasonable way of regulating the terms and conditions of employment, and that it did not include any terms that were contrary to the public interest. The Commission also found that the agreement was in the best interests of the employees and the employer, and approved the agreement. The Commission considered the agreement to be a good example of a collective agreement that balanced the interests of both the employer and the employees.

The Commission approved the collective agreement between Sky Labb (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2020-2022. The approval was based on the finding that the agreement provided for a fair and reasonable way of regulating the terms and conditions of employment, and that it was in the best interests of both the employer and the employees. The approval of the agreement ensures that the employees of Sky Labb (QLD) Pty Ltd will be covered by the terms and conditions outlined in the agreement, and provides a degree of certainty and stability in their employment arrangements.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established