Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 74

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12194)

SKYRISE CURTAIN WALL PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 JANUARY 2014

Application for approval of the Skyrise Curtain Wall Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Skyrise Curtain Wall Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). 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 CFMEU 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 is approved and, in accordance with s.54, will operate from 13 January 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Skyrise Curtain Wall Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015, the Fair Work Commission was presented with a dispute concerning the agreement's validity and applicability. The applicant, Skyrise Curtain Wall Pty Ltd, sought approval for the enterprise agreement, while the respondent, the Construction, Forestry, Mining and Energy Union, raised objections.

The central legal issues before the Commission involved the compliance of the agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was genuinely bargained, whether it contained the requisite minimum terms and conditions, and if it adhered to procedural requirements such as proper consultation and notification. Additionally, the Commission had to consider whether the agreement met the standards of good faith bargaining and whether it was in the best interests of the employees involved.

In deliberating on these issues, the Fair Work Commission examined the evidence presented by both parties, including documentation related to the bargaining process, employee input, and compliance with statutory requirements. The Commission found that the agreement was genuinely negotiated between the parties and contained all the mandated minimum terms. Furthermore, the Commission was satisfied that the agreement had been reached through good faith bargaining and was in the best interests of the employees. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects.

The Fair Work Commission approved the Skyrise Curtain Wall Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015, confirming its validity and applicability. The decision underscored the importance of genuine bargaining, compliance with statutory requirements, and the best interests of employees in enterprise agreements.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established