DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5485)

SKY ALUMINIUM FABRICATORS & GLAZIERS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 OCTOBER 2018

Application for approval of the Sky Aluminium Fabricators & Glaziers Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sky Aluminium Fabricators & Glaziers Pty Ltd and CFMEU Enterprise Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Sky Aluminium Fabricators & Glaziers Pty Ltd. The applicant sought approval of the Sky Aluminium Fabricators & Glaziers Pty Ltd and CFMEU Enterprise Agreement 2018. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it met the provisions for minimum entitlements, the genuine bargaining requirement, and the overall fairness test.

The court was required to determine whether the agreement provided for the minimum entitlements prescribed by the Act, including minimum wages, leave entitlements, penalty rates, and other conditions. The court also needed to assess whether the agreement was the product of genuine bargaining between the parties and whether it was fair and reasonable in all its terms. Furthermore, the court had to examine whether the agreement complied with the provisions of the Act concerning the proper consideration of the agreement and the protection of employees' interests.

In examining the agreement, the court considered the evidence provided by both parties, including the bargaining history and the terms of the agreement. The court found that the agreement met the requirements of the Act, including providing for minimum entitlements and being the product of genuine bargaining. The court also concluded that the agreement was fair and reasonable in all its terms, taking into account the nature of the industry and the bargaining positions of the parties. The court approved the agreement, stating that it provided for the proper consideration of the agreement and the protection of employees' interests. The court made orders approving the agreement, which will now be registered with the Fair Work Commission.

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