Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4571

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4895)

SKYWORKERS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2024

Application for approval of the Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Skyworkers Group Pty Ltd / CFMEU Collective 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 26 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

The Construction, Forestry and Maritime Employees Union sought approval from the Fair Work Commission for a collective agreement with Skyworkers Group Pty Ltd. The proposed agreement covered a period of three years from 2024 to 2027 and included terms relating to wages, working conditions, and dispute resolution mechanisms. The union argued that the agreement was in the best interests of the employees and represented a fair and reasonable outcome for both parties. The employer, on the other hand, expressed concerns about the financial impact of the proposed agreement and argued that some of the terms were unreasonable.

The key legal issues before the Commission were whether the proposed agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it was in the best interests of the employees. The Commission had to consider the evidence presented by both parties and determine whether the agreement was likely to promote harmonious, productive and equitable workplace relations. The Commission also had to assess whether any terms of the agreement were unreasonable, taking into account the overall fairness of the agreement and the interests of the employees.

After considering the evidence and arguments presented by both parties, the Commission found that the proposed agreement met the statutory criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including wage increases and improved working conditions. The Commission also found that the agreement was in the best interests of the employees and would promote harmonious, productive and equitable workplace relations. While the employer had raised concerns about the financial impact of the agreement, the Commission was satisfied that the overall terms of the agreement were fair and reasonable. The Commission concluded that the proposed agreement was likely to achieve the objectives of the Fair Work Act and approved it accordingly.

The Fair Work Commission approved the Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on 1 January 2024. The Commission also ordered that any disputes arising under the agreement be referred to the Commission for resolution. Both parties were directed to take all necessary steps to give effect to the agreement and to comply with its terms. The employer was also ordered to provide the union with certain information and documentation in relation to 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