DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4102)

SLYCO SCAN & BUILD PTY LTD (CONCRETE SCANNING) AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Slyco Scan & Build Pty Ltd (Concrete Scanning) and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Slyco Scan & Build Pty Ltd (Concrete Scanning) and CFMEU Union Collective Agreement 2015-2019 (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, 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, 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 August 2016 and, in accordance with s.54, will operate from 18 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement with Slyco Scan & Build Pty Ltd (Concrete Scanning) for the period 2015-2019. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it was in the interests of the employees and whether it provided for the protection of employees' rights.

The Commission found that the agreement was in the best interests of the employees, as it provided for a comprehensive set of terms and conditions that went beyond the minimum standards set by the relevant awards. The Commission also found that the agreement provided for the protection of employees' rights, as it included provisions for dispute resolution, health and safety, and other employee protections. The Commission approved the agreement, noting that it was a fair and reasonable one that balanced the interests of both employers and employees.

The Commission found that the agreement was not contrary to the public interest, as it did not undermine the operation of any industrial law or the efficient operation of the national economy. The Commission also found that the agreement did not have any other detrimental effect on the operation of any industrial law. The Commission approved the agreement, noting that it was a fair and reasonable one that balanced the interests of both employers and employees.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Mining and Energy Union and Slyco Scan & Build Pty Ltd (Concrete Scanning) for the period 2015-2019. The Commission found that the agreement was in the best interests of the employees and provided for the protection of employees' rights. The Commission also found that the agreement was not contrary to the public interest and did not have any other detrimental effect on the operation of any industrial law. The Commission approved the agreement, noting that it was a fair and reasonable one that balanced the interests of both employers and employees.

Construction, Forestry, 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