Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7696)

SKYLIFT CRANE SERVICES (AUST) PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 OCTOBER 2021

Application for approval of the SKYLIFT CRANE SERVICES (AUST) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the SKYLIFT CRANE SERVICES (AUST) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the SKYLIFT CRANE SERVICES (AUST) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, which is tasked with regulating enterprise agreements under the Fair Work Act 2009 (Cth). The primary dispute centred on whether the proposed agreement met the legal criteria for approval, particularly in relation to the Fair Work Act’s requirements for good faith bargaining and the fairness of the terms and conditions.

The central legal issues the court had to address were whether the agreement was genuinely an enterprise agreement, whether it was the result of genuine good faith bargaining between the parties, and if the agreement's terms were fair and reasonable. The court had to examine the negotiation process, the content of the agreement, and ensure that it complied with the statutory requirements set out in the Fair Work Act.

Upon reviewing the evidence and submissions, the court found that the agreement met all the necessary criteria. The process of negotiation was deemed to be conducted in good faith, and the terms of the agreement were considered fair and reasonable. The court was satisfied that the agreement was genuinely an enterprise agreement and that it complied with all the relevant statutory requirements. Consequently, the court approved the agreement, enabling it to come into effect as intended.

No specific orders were made beyond the approval of the agreement, as the primary relief sought was already achieved through the court's decision to approve the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established