Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1411)

GODWIN HIRE PTY LTD T/AS SKYHIGH RIGGING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 MAY 2024

Application for approval of the GODWIN HIRE PTY LTD T/As SKYHIGH RIGGING and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the GODWIN HIRE PTY LTD T/As SKYHIGH RIGGING and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 (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 and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2024. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case were Godwin Hire Pty Ltd, trading as Skyhigh Rigging, and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division). The dispute involved the approval of the Subcontractors Rigger/Steel Erector Enterprise Agreement between the parties for the period 2020 to 2023. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing if the agreement contained the appropriate minimum terms and conditions, whether it was free from prohibited content, and if the process leading to the agreement's formation complied with the relevant legislative requirements.

In delivering its decision, the court meticulously reviewed the terms of the agreement, the negotiation process, and the evidence presented by both parties. The court found that the agreement contained the requisite minimum terms and conditions and was free from prohibited content. Furthermore, the court was satisfied that the agreement had been made in good faith and that the process leading to its formation was fair and compliant with the Act. Consequently, the court approved the enterprise agreement, acknowledging its suitability for the workforce it covered.

As a result of the court's approval, the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 between Godwin Hire Pty Ltd, trading as Skyhigh Rigging, and the CFMEU (Victorian Construction and General Division) is now formally recognised and enforceable. This outcome ensures that the agreement's terms and conditions will govern the employment relationship between the parties for the specified period.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established