Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2510)

SKYLAND SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2025

Application for approval of the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024 - 2027 (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.

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 11 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a specialised enterprise agreement between SKYLAND SOLUTIONS PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which is tasked with overseeing the approval of such agreements under Australian labour law. The union and the employer sought to formalise their agreement covering terms and conditions of employment over the period 2024 to 2027, necessitating the Commission's scrutiny to ensure compliance with the Fair Work Act 2009.

The central legal issues that the Commission needed to address included whether the proposed agreement met the requirements of the Fair Work Act, particularly concerning the protection of employee rights and the fairness of the terms. Additionally, the Commission had to determine if the agreement was made in good faith and if it provided for the proper resolution of workplace issues. The application was scrutinised to ensure that it did not undermine the rights of employees and that it adhered to the statutory criteria for approval.

In its reasoning, the Commission assessed the agreement against the provisions of the Fair Work Act, focusing on whether it provided adequate protection for employee interests and did not unfairly disadvantage any party. The Commission concluded that the agreement was fair and balanced, taking into account the specific nature of the industry and the roles involved. The terms were deemed to be reasonable, promoting a harmonious workplace while safeguarding the rights of the employees. The Commission found that the agreement was made in good faith and complied with the necessary statutory requirements.

As a result, the Fair Work Commission approved the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024 - 2027. This approval means that the terms and conditions outlined in the agreement are legally binding for the duration specified, providing a framework for the employment relationship between the employer and the employees covered by the agreement.

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