DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5155)

SKYLINE PLASTERING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the Skyline Plastering Qld Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Skyline Plastering 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). 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 November 2018. 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission for the Skyline Plastering Qld Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The applicant, Skyline Plastering Qld Pty Ltd, opposed the approval of the agreement. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Act, including whether it contained the necessary minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement would have a detrimental effect on employees or employers, and whether it contained any terms that were contrary to public policy.

The Commission found that the agreement met the requirements of the Act. The agreement contained all the necessary minimum terms and conditions, and there was no evidence of coercion or bad faith in its making. The Commission also found that the agreement would not have a detrimental effect on employees or employers, and that it did not contain any terms that were contrary to public policy. The Commission approved the agreement, and it is now in effect.

The Fair Work Commission approved the Skyline Plastering Qld Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The agreement is now in effect and binds both parties. The Commission's decision is final and binding, and cannot be appealed except on limited grounds.

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