DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7626)

SKYVIEW DESIGN & BUILD PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2015

Application for approval of the SKYVIEW DESIGN & BUILD PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SKYVIEW DESIGN & BUILD PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the SKYVIEW DESIGN & BUILD PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The dispute centred on whether the agreement, which was to apply to the employees of the company, should be formally endorsed by the Commission. This endorsement would ensure that the terms and conditions outlined in the agreement were legally binding and compliant with relevant industrial laws.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically regarding the criteria for approval of an enterprise agreement. The primary concerns were whether the agreement met the statutory requirements, including its procedural fairness, its compliance with the “better off overall test”, and its adherence to the provisions of the Fair Work Act. The Commission also had to consider the implications of the agreement on the employees' rights and the company's operational flexibility.

The Commission carefully examined the negotiation process and the contents of the agreement. It found that the agreement was the product of genuine negotiations between the company and the union, and that it contained terms and conditions that were fair and reasonable. The Commission determined that the agreement was procedurally fair, met the “better off overall test”, and did not contravene any provisions of the Fair Work Act. As a result, the Commission approved the agreement, enabling it to take effect as a legally binding enterprise agreement between the company and its employees. This decision ensured that the terms of the agreement would govern the industrial relationship between the parties, subject to the protections and rights provided by the Fair Work Act.

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