Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 1907

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/854)

Skyrise Facade Systems Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 3 APRIL 2018

Application for approval of the Skyrise Facade Systems Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Skyrise Facade Systems Pty Ltd / 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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 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

The parties to the dispute were Skyrise Facade Systems Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case involved an application for the approval of a collective agreement between the parties. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the process through which the agreement was made was procedurally fair. The Commission needed to determine if the agreement met the criteria for approval, including whether it provided for the protection of employees' rights and interests and whether it was made in good faith.

The Fair Work Commission found that the agreement was procedurally fair and met the criteria for approval. The Commission considered the evidence presented by both parties and concluded that the agreement provided for the protection of employees' rights and interests and was made in good faith. The Commission also found that the agreement contained provisions that were beneficial to both parties and did not contain any provisions that were contrary to public policy or that would have an adverse effect on the operation of the business. The Commission was satisfied that the agreement was in the best interests of the employees and the employer and approved the application for the agreement.

The Fair Work Commission approved the application for the Skyrise Facade Systems Pty Ltd / CFMEU Collective Agreement 2018. The Commission found that the agreement was procedurally fair and met the criteria for approval. The agreement was approved on the basis that it provided for the protection of employees' rights and interests and was made in good faith. The Commission considered the evidence presented by both parties and was satisfied that the agreement was in the best interests of the employees and the employer. The approval of the agreement will provide certainty and stability to the parties and their employees, and it will assist in the resolution of any future disputes that may arise.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established