DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6585)

SKY LABB (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2018

Application for approval of the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Sky Labb (QLD) 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). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Sky Labb (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centres on the approval of a collective agreement between the company and the union for the period 2018-2019. The matter was heard in the Fair Work Commission of Australia. The union sought approval for the collective agreement, which was opposed by the company on the basis that it contained provisions that were beyond the scope of the union's certified rights to bargain.

The primary legal issue the court had to decide was whether the collective agreement, as proposed by the union, was within the scope of the union's certified rights to bargain. This required the court to consider the provisions of the Fair Work Act 2009, which sets out the process for approving collective agreements and the rights of unions to bargain. The court also had to consider whether any of the provisions in the collective agreement were contrary to public policy or inconsistent with any other relevant legislation.

The court found that the collective agreement contained provisions that were beyond the scope of the union's certified rights to bargain. The court noted that the union had exceeded its certified rights by including provisions that went beyond the subjects of employment that it was certified to bargain over. The court also found that some provisions in the agreement were inconsistent with relevant legislation. As a result, the court refused to approve the collective agreement. The court emphasised the importance of ensuring that collective agreements are within the scope of the union's certified rights to bargain and do not conflict with any relevant legislation. The court did not make any orders as the collective agreement was not approved.

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