DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2050)

ARLECH FAÇADES PTY LTD T-AS SKYRISE FAÇADE INSTALLATIONS / CFMEU GREENFIELD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

Application for approval of the Arlech Façades Pty Ltd t-as Skyrise Façade Installations / CFMEU Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Arlech Façades Pty Ltd t-as Skyrise Façade Installations / CFMEU Greenfield Agreement 2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Arlech Façades Pty Ltd t/as Skyrise Façade Installations/CFMEU Greenfield Agreement 2019. The applicant argued that the agreement would provide fair and equitable terms and conditions of employment for employees in the construction industry. The CFMEU contended that the agreement was necessary to ensure that employees of the company were protected and to provide a framework for fair and reasonable terms and conditions of employment. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court was required to determine whether the agreement was a genuine enterprise agreement and whether it provided for fair and reasonable terms and conditions of employment. The court also needed to consider whether the agreement was in the best interests of the employees and whether it met the requirements of the Fair Work Act. The court considered the evidence presented by both parties and the provisions of the agreement. The court found that the agreement was a genuine enterprise agreement that provided for fair and reasonable terms and conditions of employment.

The court determined that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The court approved the agreement, subject to certain conditions. The court found that the agreement provided for a fair and reasonable level of protection for employees and would provide a framework for the fair and reasonable terms and conditions of employment. The court concluded that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The agreement was approved, subject to the conditions imposed by the court.

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