Construction, Forestry, Mining and Energy Union

[2013] FWCA 10007

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/10266)

SKYRISE FAÇADE INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 DECEMBER 2013

Application for approval of the Skyrise Façade Installations Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Skyrise Façade Installations Pty Ltd / CFMEU Collective Agreement 2013 - 2014 (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 NSW Construction and General Branch (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 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Skyrise Façade Installations Pty Ltd / CFMEU Collective Agreement 2013 - 2014. The applicant is a trade union representing workers in the construction industry, while the respondent is an employer in that industry. The dispute arose because the parties had reached an agreement but needed the Commission's approval before it could be enforced. The legal issues the court was required to decide centred on whether the agreement met the requirements of the Fair Work Act 2009, including provisions regarding the coverage of the agreement, the process for its approval, and its compliance with the provisions for a fair and effective bargaining process.

The court examined the agreement in detail, assessing whether it met the coverage requirements, was negotiated in good faith, and contained provisions that were fair and reasonable. The court considered the process by which the agreement was negotiated and whether it complied with the statutory requirements. In particular, the court examined the evidence provided by both parties regarding the negotiation process and the nature of the agreement. The court found that the agreement was negotiated in good faith and met the statutory requirements for coverage and content. It also found that the process for approval was followed correctly and that the agreement was fair and reasonable.

As a result, the court approved the agreement, allowing it to be enforced as a binding contract between the parties. The court's decision was based on a thorough analysis of the evidence and the relevant legal provisions. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission. This decision provides clarity for both the parties involved and other employers and unions in the construction industry regarding the requirements for collective agreements and the process for their approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established