DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/217)

CLEAR SKY CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 FEBRUARY 2016

Application for approval of the Clear Sky Contracting Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Clear Sky Contracting Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 18 February 2016 and, in accordance with s.54, will operate from 25 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement between Clear Sky Contracting Pty Ltd and CFMEU for the period 2016 to 2017. The Fair Work Commission was required to decide whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly sections 234 and 235, which set out the requirements for an enterprise agreement to be approved. These sections mandate that an agreement must not have a detrimental effect on employees, be contrary to public interest, or be contrary to the law. The Commission also had to consider whether the agreement contained a genuine bargain between the parties and whether it met the requirements for good faith bargaining.

The Commission found that the proposed agreement met the criteria for approval. It concluded that the agreement had been genuinely bargained between the parties and contained provisions that were fair and reasonable. The Commission determined that the agreement did not have a detrimental effect on employees and was not contrary to the public interest or the law. The Commission approved the agreement on the basis that it met all the statutory requirements for an enterprise agreement.

The Fair Work Commission approved the Clear Sky Contracting Pty Ltd / CFMEU Collective Agreement 2016-2017. The Commission's decision was based on its finding that the agreement had been genuinely bargained between the parties and contained provisions that were fair and reasonable. The Commission also found that the agreement did not have a detrimental effect on employees and was not contrary to the public interest or the law.

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