DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4505)

SKYLIFT CRANE SERVICES (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JULY 2016

Application for approval of the SKYLIFT CRANE SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the SKYLIFT CRANE SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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, 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 21 July 2016 and, in accordance with s.54, will operate from 28 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union and SKYLIFT CRANE SERVICES (AUST) PTY LTD. The union sought approval of an enterprise agreement from 2016 to 2018. The dispute was heard by the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees, if it included appropriate mechanisms for resolving disputes, and if it complied with the relevant provisions of the Act.

The Commission assessed the agreement against these criteria. It found that the agreement provided benefits to the employees, including improved wages and conditions, that outweighed any potential disadvantages. The agreement also included provisions for dispute resolution that were deemed adequate. Further, the Commission was satisfied that the agreement complied with all relevant provisions of the Act. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the SKYLIFT CRANE SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision was made on the basis that the agreement met the statutory requirements of the Fair Work Act 2009, providing better overall terms and conditions for employees and including appropriate dispute resolution mechanisms.

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