DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5781)

SKYWORKERS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JULY 2021

Application for variation of the Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Skyworkers Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute pertains to an application by the CFMEU seeking to vary the terms of the Collective Agreement between Skyworkers Group Pty Ltd and the CFMEU, which covers the period from 2019 to 2022. The matter was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the proposed variations to the Collective Agreement were necessary to address significant changes in the industry or working conditions and whether the changes would result in a fair and reasonable outcome for both parties. The Commission had to consider the principles of good faith bargaining, the impact of the changes on the employees, and the financial implications for the employer.

After considering the evidence and submissions from both parties, the Commission determined that the proposed changes were necessary to address the significant shifts in the industry and working conditions. The Commission found that the variations would result in a fair and reasonable outcome for both parties. The changes were designed to ensure that the Collective Agreement remained relevant and effective in addressing the needs of the industry and employees. The Commission emphasised the importance of good faith bargaining and the need for both parties to work together to find solutions that benefit all stakeholders.

The Fair Work Commission granted the application for variation of the Collective Agreement, with the approved changes coming into effect on the specified date. The decision reflects the Commission's commitment to ensuring that Collective Agreements remain fair, relevant, and effective in addressing the needs of the industry and employees.

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