DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/146)

SKYRISE CURTAIN WALL PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 1 MAY 2015

Application for approval of the Skyrise Curtain Wall Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Skyrise Curtain Wall Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Skyrise Curtain Wall Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 30 December 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement between Skyrise Curtain Wall Pty Ltd and CFMEU (WA). The union argued that the agreement was fair and appropriate for the employees it covered. The employer contested the application, claiming that the agreement was not fair and did not comply with the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

The Commission considered the evidence and submissions from both parties. It examined the terms of the agreement and assessed whether they provided fair and reasonable outcomes for the employees. The Commission also evaluated whether the agreement complied with the statutory requirements, including the provisions related to the bargaining process and the protection of employee rights. After carefully considering the arguments and evidence presented, the Commission found that the agreement was fair and appropriate for the employees. It concluded that the agreement provided reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters.

The Commission approved the Skyrise Curtain Wall Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017, subject to certain conditions. These conditions included the requirement for the employer to provide a written statement to employees outlining the terms of the agreement and the process for any future changes. The Commission also ordered the employer to provide certain information to the union, including details of any changes to the agreement and any disputes that arose during its operation. The union was required to provide similar information to the employees and to ensure that they were aware of their rights and obligations under the agreement. Overall, the decision provides guidance on the factors that the Commission considers when assessing the fairness and appropriateness of an enterprise agreement.

Construction, Forestry, Mining and Energy Union

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established