DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5217)

SKYRISE FACADE INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2015

Application for approval of the Skyrise Facade Installations Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Skyrise Facade Installations Pty Ltd / CFMEU Collective Agreement 2015-2017 (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 14 October 2015 and, in accordance with s.54, will operate from 21 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of a collective agreement between Skyrise Facade Installations Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFME). The parties sought to have the agreement approved as a single, certified agreement covering the period from 2015 to 2017. The legal issues before the Commission involved whether the agreement was in the best interests of the employees covered by it and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission found that the agreement was in the best interests of the employees. It provided for a number of benefits, including a pay rise, improved shift patterns, and the introduction of a job security clause. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The agreement was found to be free from any prohibited content and to have been negotiated in good faith. The Commission approved the agreement as a single, certified agreement for the period from 2015 to 2017.

The Commission noted that the agreement represented a compromise between the parties and that it provided for a number of benefits for the employees. The Commission also noted that the agreement was negotiated in good faith and that it complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement was in the best interests of the employees and approved it as a single, certified agreement for the period from 2015 to 2017. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the decision.

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