Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7020

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5964)

Skytrek Construction Access Pty Ltd and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 20 december 2018

Application for approval of the Skytrek Construction Access Pty Ltd and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Skytrek Construction Access 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the applicant, Skytrek Construction Access Pty Ltd, sought approval of a collective agreement with the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with reviewing the application to determine if the agreement met the necessary legal criteria for approval. The agreement in question was intended to regulate the terms and conditions of employment between the parties for the period 2018-2019.

The primary legal issue before the court was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing the agreement's adherence to the statutory requirements, including whether it provided for fair and reasonable terms and conditions of employment, and if it met the necessary procedural requirements for approval. The court also had to consider whether the agreement was genuinely negotiated between the parties and whether it contained appropriate dispute resolution mechanisms.

In delivering its decision, the court examined the terms of the agreement in detail, focusing on provisions relating to wages, hours of work, leave entitlements, and other conditions of employment. The court found that the agreement was generally fair and reasonable, providing adequate protections for employees while also balancing the interests of the employer. The court also determined that the agreement had been genuinely negotiated between the parties and contained appropriate dispute resolution mechanisms. Consequently, the court approved the application for the collective agreement, finding it met the necessary legal criteria for approval.

The final orders of the court were to approve the Skytrek Construction Access Pty Ltd and CFMEU Union Collective Agreement 2018-2019, as submitted, subject to the terms and conditions outlined in the agreement itself. The court's approval ensured that the agreement would provide a legally binding framework for the employment relationship between the parties during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established