Construction, Forestry, Mining and Energy Union

[2013] FWCA 9225

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11514)

SKY GROUP SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Sky Group Services 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 Sky Group Services 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 29 November 2013. 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

The matter before the court involved an application for the approval of the Sky Group Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The primary legal issue for the court to determine was whether the agreement was in the best interests of the employees covered by it. This involved assessing whether the agreement met the criteria set out in the Fair Work Act 2009, particularly focusing on whether it provided for fair and reasonable terms of employment.

The court examined the submissions made by both parties, considering whether the agreement provided for adequate protections for employees, including pay rates, working conditions, and dispute resolution mechanisms. The court also evaluated the extent to which the agreement promoted productivity and flexibility in the workplace, ensuring it was not detrimental to the interests of the employees. The union argued that the agreement provided fair and reasonable terms, while the employer highlighted the benefits of the agreement in terms of business efficiency and employee relations.

After careful consideration of the evidence and arguments presented, the court found that the agreement did meet the necessary criteria. It concluded that the agreement was fair and reasonable in all its terms and provided adequate protections for the employees. The court noted that the agreement balanced the interests of both the employer and employees, promoting a productive and harmonious workplace. The decision was made in the best interests of the employees, and the agreement was approved.

As a result of the court's decision, the Sky Group Services Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015 was approved, and the terms of the agreement became legally binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established