Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/9076)

VERTIGO SPECIALIST HIGH ACCESS SERVICES PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2021

Application for approval of the VERTIGO SPECIALIST HIGH ACCESS SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Specialised Rope Access Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the VERTIGO SPECIALIST HIGH ACCESS SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Specialised Rope Access 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, Maritime, 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] 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.

[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] The Construction, Forestry, Maritime, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The case involves Vertigo Specialist High Access Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Subcontractors Specialised Rope Access Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission, which is responsible for resolving workplace disputes in Australia.

The primary legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved ensuring the agreement was made in good faith, covered appropriate bargaining units, and adhered to the provisions of the Act. The Commission had to assess the fairness of the agreement, including its impact on employees and employers within the specified industry.

The Fair Work Commission found that the agreement was made in good faith and covered the appropriate bargaining units. It determined that the agreement was fair and reasonable, taking into account the needs of both employees and employers. The Commission highlighted the importance of the agreement in providing a stable and fair working environment for workers in the specialised rope access industry. The decision was made in favour of approving the agreement, recognising its significance for the industry and the parties involved.

The Fair Work Commission approved the Subcontractors Specialised Rope Access Enterprise Agreement 2020-2023, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for workers within the specified industry for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established