DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7416)

THE TRUSTEE FOR HIGHRISE BUILDING SERVICES TRUST T/AS HIGHRISE BUILDING SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of The Trustee For Highrise Building Services Trust T/As Highrise Building Services Pty ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee For Highrise Building Services Trust T/As Highrise Building Services Pty ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a union collective agreement with The Trustee For Highrise Building Services Trust trading as Highrise Building Services Pty Ltd. The dispute centred on the terms of the agreement, particularly those relating to the classification and remuneration of employees in the industry. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and was fair and reasonable for the purposes of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act, and if it was fair and reasonable in all its terms. This included examining the procedural fairness in the negotiation of the agreement, the classification of employees, and the fairness of the proposed terms and conditions, including wages and other benefits. The Commission also considered the impact of the agreement on the employees, the employer, and the broader industry.

The Fair Work Commission determined that the agreement was procedurally fair and had been negotiated in good faith. The Commission found that the classification of employees and the proposed terms and conditions were fair and reasonable, taking into account the industry standards, economic factors, and the interests of both the employees and the employer. The Commission approved the agreement, noting the importance of maintaining a balanced and fair industrial relationship between the parties.

The Fair Work Commission approved the CFMEU Union Collective Agreement 2018-2019 with The Trustee For Highrise Building Services Trust trading as Highrise Building Services Pty Ltd, subject to the terms and conditions set out in the agreement.

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