DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbuild Pty Ltd
(AG2014/9992)

SUNBUILD PTY LTD COLLECTIVE AGREEMENT 2014-2018

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Sunbuild Pty Ltd Collective Agreement 2014-2018.

[1] An application has been made for approval of a single-enterprise agreement known as the Sunbuild Pty Ltd Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunbuild Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) involved Sunbuild Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Sunbuild Pty Ltd Collective Agreement 2014-2018 under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the requirements for registration as a registered agreement under the Act.

The legal issues before the Commission included whether the agreement was genuinely a product of bargaining between the parties, whether it contained all the necessary provisions required by the Act, and whether it complied with the Act’s public interest considerations. The CFMEU argued that the agreement did not reflect genuine bargaining and that certain provisions were not in compliance with the Act. Sunbuild Pty Ltd contended that the agreement was a fair reflection of the negotiations and met all legislative requirements.

The FWC found that the agreement was indeed the product of genuine bargaining and contained all the necessary provisions as stipulated by the Fair Work Act. The Commission emphasised that the agreement included terms and conditions that were fair and reasonable, and it met the legislative requirements for registration. The FWC also determined that the public interest considerations were satisfied, as the agreement did not negatively impact broader community interests. Consequently, the FWC approved the agreement for registration.

The final orders included the approval and registration of the Sunbuild Pty Ltd Collective Agreement 2014-2018, subject to any modifications the parties might agree to in the future. The Commission directed that the agreement be registered with the Fair Work Commission Registry.

Sunbuild Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established