DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6910)

SKYRISE FACADE SYSTEMS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Skyrise Facade Systems Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Skyrise Facade Systems Pty Ltd / CFMEU Collective Agreement 2016-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 24 November 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Skyrise Facade Systems Pty Ltd, sought approval from the Fair Work Commission for a collective agreement with the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically the need for a proper and genuine negotiation process. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The central legal issues revolved around the validity of the negotiation process and whether the agreement was genuinely negotiated. The union argued that the applicant had not genuinely negotiated the agreement, alleging that it had been imposed rather than agreed upon through a genuine negotiation process. The applicant, on the other hand, contended that the agreement was the result of a bona fide negotiation process. The court needed to determine whether the negotiation process complied with the statutory requirements and if the agreement was genuinely negotiated.

The Fair Work Commission examined the evidence presented by both parties, including witness testimonies and documentary evidence. The Commission found that the negotiation process was genuine, as the applicant had engaged in good faith negotiations with the union. The Commission held that the applicant had taken reasonable steps to facilitate a genuine negotiation process and had not imposed the agreement. The Commission approved the collective agreement, confirming that it met the statutory requirements for genuine negotiation. The union's application was dismissed.

The Fair Work Commission approved the Skyrise Facade Systems Pty Ltd / CFMEU Collective Agreement 2016-2017, confirming that the negotiation process was genuine and in compliance with the Fair Work Act and Regulations. The union's application was dismissed with no orders for costs.

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