DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6946)

SKYLAND SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 SEPTEMBER 2021

Application for approval of the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023.

[1] 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) Subcontractors 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 15 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023. The applicant, SKYLAND SOLUTIONS PTY LTD, sought to have the enterprise agreement approved by the Commission, as it had been negotiated and agreed upon by the company and the union. The nature of the dispute was primarily focused on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement was genuinely negotiated between the parties, whether it complied with the provisions of the Fair Work Act, and whether it met the criteria for approval as set out in the legislation. Additionally, the Commission needed to determine if the agreement provided adequate protections for employees and if it was in the best interests of the workforce.

The Commission considered the evidence and submissions presented by both parties and found that the agreement was genuinely negotiated and met the legal requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement provided adequate protections for employees and was in their best interests. Based on these findings, the Commission approved the enterprise agreement.

In conclusion, the Fair Work Commission approved the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023. The Commission found that the agreement met the legal requirements for approval and provided fair and reasonable terms and conditions of employment for the workforce. This decision provides clarity for employers and employees in the construction industry and ensures that the agreement is legally binding and enforceable.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established