DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1390)

SKYLAND SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JUNE 2020

Application for approval of the Skyland Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Skyland Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019 - 2020 (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 statutory declaration, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 June 2020 and, in accordance with s 54, will operate from 9 June 2020. The nominal expiry date of the Agreement is 30 April 2020.

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) lodged an application for the approval of the Skyland Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019-2020. The application was contested by Skyland Solutions Pty Ltd, which raised concerns about certain provisions in the agreement. The central issue was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The court had to determine if the agreement was a genuinely negotiated enterprise agreement, provided for minimum workplace terms and conditions, and was made in good faith.

The legal issues that the court needed to address included whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, and if the agreement's provisions were consistent with the principles of good faith bargaining and genuine negotiation. Specifically, the court examined whether the CFMEU had genuinely negotiated the agreement with Skyland Solutions Pty Ltd and whether the agreement provided for the minimum terms and conditions as required by the Act. Additionally, the court assessed whether the agreement met the test of being made in good faith, including whether it was free from any improper influence or coercion.

The Fair Work Commission found that the agreement was a genuinely negotiated enterprise agreement, met the statutory criteria for approval, and was made in good faith. The Commission concluded that the CFMEU had engaged in good faith negotiations with Skyland Solutions Pty Ltd, and the agreement provided for the minimum terms and conditions as required by the Act. The Commission also noted that the agreement did not contain any provisions that were contrary to public policy or the spirit of the Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Skyland Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019-2020, finding it to be a genuinely negotiated enterprise agreement that met the statutory criteria for approval under the Fair Work Act. The Commission rejected the objections raised by Skyland Solutions Pty Ltd and accepted the application for approval. The agreement is now in effect and binding on all parties involved.

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