Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8101)

SKRA 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 COLMAN	MELBOURNE, 8 NOVEMBER 2021

Application for approval of the Skra Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Specialised Rope Access Enterprise Agreement 2020-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Skra Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Specialised Rope Access Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 8 November 2021 and, in accordance with s 54, will operate from 15 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Skra Pty Ltd (Skra) applied for approval of the Subcontractors Specialised Rope Access Enterprise Agreement 2020-2023 (the Agreement). The CFMEU is an industrial union, and Skra is a company in the construction industry. The Agreement was registered by the Fair Work Commission on 30 November 2020. The CFMEU sought orders approving the Agreement under section 233 of the Fair Work Act 2009. The legal issues before the Commission were whether the Agreement met the requirements of section 230 of the Fair Work Act and whether it was in the best interests of the employees covered by the Agreement. The Commission found that the Agreement was a good faith agreement that promoted workplace participation and productivity and met the requirements of the Fair Work Act. The Commission also found that the Agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, including protections for employees' health and safety. The Commission approved the Agreement and made orders under section 233 of the Fair Work Act. The Agreement is now approved and will remain in force until 30 November 2023, unless terminated earlier in accordance with its terms.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

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Background to the litigation

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