DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/8144)

SKYHIGH TOWER CRANE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 DECEMBER 2014

Application for approval of the Skyhigh Tower Crane Services Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Skyhigh Tower Crane Services Pty Ltd / CFMEU Collective 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a proposed collective agreement with Skyhigh Tower Crane Services Pty Ltd. The dispute centred on the terms and conditions of employment contained in the agreement for the period 2014 to 2017. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The legal issues before the Commission involved assessing the fairness and appropriateness of the terms in the agreement, including minimum rates of pay, working hours, leave provisions, and dispute resolution mechanisms. Additionally, the Commission had to ensure that the agreement did not contravene any relevant industrial laws and that it provided adequate protections for employees. The Commission also needed to consider the views and submissions from both parties and any other stakeholders that may have been affected by the agreement.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, found that the agreement contained terms and conditions that were fair and reasonable. The Commission considered the economic context, the bargaining power of the parties, and the interests of the employees. It was determined that the agreement provided adequate protections and benefits for the employees and did not contravene any industrial laws. Consequently, the Commission approved the collective agreement, finding that it was in the best interests of the employees.

No further orders were made by the Commission beyond the approval of the collective agreement. The decision stands as a confirmation that the agreement is to be implemented as per the terms outlined, providing a framework for the employment relationship between the union and the company for the specified period.

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