DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/903)

SKY HIGH STEEL FIXING (VIC) PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 APRIL 2019

Application for approval of the Sky High Steel Fixing (Vic) Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the Sky High Steel Fixing (Vic) Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 16 April 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sky High Steel Fixing (Vic) Pty. Ltd., sought approval from the Fair Work Commission for an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union contested the application, raising several concerns regarding the terms of the proposed agreement. The matter was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The central legal issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The union argued that the agreement failed to meet certain statutory requirements and had detrimental impacts on employee rights and protections. The union contended that the agreement did not appropriately address minimum wage rates, overtime provisions, and leave entitlements. Additionally, it was argued that the agreement lacked proper consultation processes, thus failing to meet procedural fairness requirements.

The Fair Work Commission evaluated the proposed agreement against the statutory framework and relevant case law. It found that the agreement did not adequately address several key areas of concern raised by the union. The Commission held that the agreement failed to ensure compliance with minimum wage rates and did not provide sufficient provisions for overtime and leave entitlements. Furthermore, the Commission determined that the consultation process did not meet procedural fairness standards, as it did not allow for adequate employee representation and input. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision was based on the comprehensive analysis of the agreement's content and the procedural fairness of the consultation process. The Commission found that the proposed enterprise agreement did not comply with the statutory requirements and failed to adequately protect employee rights. The application was dismissed, and the agreement was not approved. The Commission directed the parties to engage in further discussions to address the identified issues before resubmitting a revised agreement for consideration.

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