DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1524)

SKYWORKERS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the Skyworkers Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Skyworkers Pty Limited / CFMEU Collective 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Skyworkers Pty Limited / CFMEU Collective Agreement 2018. The applicant union and the employer, a small business engaged in industrial maintenance services, had reached an agreement after negotiations. The dispute centred on whether the agreement met the statutory requirements for approval and whether it complied with the Fair Work Act 2009.

The legal issues before the Commission involved determining if the agreement covered the necessary matters, provided for proper bargaining and the protection of employees' rights, and adhered to the relevant provisions of the Act. The Commission also had to assess whether the agreement unfairly disadvantaged any of the employees it covered.

The Commission found that the agreement contained all the required matters and had been negotiated in good faith. It concluded that the agreement did not unfairly disadvantage any employees and met all statutory requirements. The Fair Work Commission approved the agreement, confirming that it was consistent with the provisions of the Fair Work Act and would serve the interests of the employees it covered.

The Fair Work Commission approved the Skyworkers Pty Limited / CFMEU Collective Agreement 2018, effective from the date of the decision. This decision ensures that the agreement is legally binding and will govern the employment conditions for the employees of Skyworkers Pty Limited under the terms negotiated with the CFMEU.

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