Construction, Forestry, Mining and Energy Union

[2017] FWCA 4241

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/3287)

Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 15 AUGUST 2017

Application for approval of the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

An application has been made for approval of a greenfields agreement known as the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Sky Labb (QLD) Pty Ltd. The dispute centred on the terms of the proposed agreement, specifically those relating to pay rates and working conditions. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with relevant industrial laws.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act and whether it provided fair and reasonable terms for the employees. The Commission needed to ensure the agreement did not undermine the principles of industrial fairness and provided a satisfactory balance between the interests of the employer and the employees.

The Commission found that the proposed agreement was in the best interests of the employees and complied with the relevant industrial laws. It concluded that the agreement provided fair and reasonable terms for the employees and did not undermine the principles of industrial fairness. The Commission approved the agreement, noting the importance of maintaining a balanced and fair relationship between employers and employees in the construction industry.

The Fair Work Commission approved the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019, with the terms to take effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established