DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4100)

SLYCO SCAN & BUILD PTY LTD 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 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 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Slyco Scan & Build Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Collective Agreement for the period 2015-2019. The dispute centred on whether the proposed collective agreement met the statutory requirements under the Fair Work Act 2009 and whether it complied with the principles of good faith bargaining.

The primary legal issue before the Commission was whether the agreement was made in good faith and whether it complied with the relevant statutory provisions. The Commission needed to determine if the agreement met the standards of fairness and reasonableness, as well as ensuring it did not contravene any provisions of the Act. The Commission also considered whether the terms and conditions in the agreement were fair and reasonable in all aspects.

The Commission found that the agreement was made in good faith and that it complied with the statutory requirements. The Commission noted the efforts made by both parties to negotiate and reach a fair and reasonable agreement. It was determined that the agreement met the necessary standards of fairness and reasonableness and did not contravene any provisions of the Act. As a result, the Fair Work Commission approved the Slyco Scan & Build Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

The Fair Work Commission granted the application for approval of the collective agreement, affirming that it was made in good faith and complied with the relevant statutory provisions. The Commission's decision was based on the evidence presented, which demonstrated the efforts made by both parties to negotiate a fair and reasonable agreement. The approval of the agreement ensures that the terms and conditions within it are legally binding and enforceable for the specified period.

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