DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/935)

ARLECH FACADES PTY LTD T-AS SKYRISE FACADE INSTALLATIONS/CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 APRIL 2020

Application for approval of the Arlech Facades Pty Ltd t-as Skyrise Facade installations/CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Arlech Facades Pty Ltd t-as Skyrise Facade installations/CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 24 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Arlech Facades Pty Ltd trading as Skyrise Facade Installations and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The application was brought by the CFMEU and opposed by Arlech Facades Pty Ltd. The dispute centered on the terms and conditions of employment as outlined in the proposed collective agreement, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interest of the employees.

The central legal issues the Commission had to resolve included whether the proposed agreement was a genuine enterprise agreement, if it complied with the provisions of the Fair Work Act, and if the process through which it was negotiated was fair and lawful. Additionally, the Commission needed to assess whether the agreement provided fair and reasonable terms for the employees and whether it adhered to the statutory requirements for good faith bargaining.

In its decision, the Fair Work Commission found that the agreement was genuine, as it was negotiated in good faith and covered the required enterprise. The Commission further determined that the agreement complied with the provisions of the Fair Work Act and was made under the correct procedures. The Commission held that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work, the parties' bargaining positions, and the wider economic context. Consequently, the Commission approved the collective agreement between the CFMEU and Arlech Facades Pty Ltd trading as Skyrise Facade Installations for the period 2019 to 2022.

As a result of the decision, the Fair Work Commission approved the CFMEU Collective Agreement 2019-2022, which would now govern the terms and conditions of employment for the employees of Arlech Facades Pty Ltd trading as Skyrise Facade Installations for the specified period. The approval of this agreement ensures that the parties have a legally binding framework for their employment relationship, and the employees will benefit from the agreed-upon terms and conditions.

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