DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1081)

SKYWORKERS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 APRIL 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Skyworkers Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The dispute centred on whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, including provisions regarding minimum wage rates, penalty rates, and other conditions of employment. The Commission was tasked with ensuring that the collective agreement did not unfairly disadvantage any employees and that it provided a safety net of minimum terms and conditions.

The central legal issues before the Commission were whether the proposed agreement adequately met the statutory requirements, particularly in relation to minimum wage rates and penalty rates. The Commission had to examine the terms of the agreement to determine if they provided for fair and reasonable conditions of employment, taking into account the principles of the safety net provided by the Fair Work Act and the Fair Work Regulations. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it provided for a fair and efficient system for resolving workplace disputes.

In its decision, the Fair Work Commission determined that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable minimum wage rates and penalty rates, and that it did not unfairly disadvantage any employees. The Commission was satisfied that the agreement was made in good faith and provided for an efficient system for resolving workplace disputes. As a result, the Commission approved the collective agreement, finding that it met the necessary standards under the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission's final order was that the Skyworkers Group Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved. This decision ensured that the agreement would provide a framework for fair and reasonable employment conditions, while also protecting the rights of employees within the specified period. The approval of the agreement was a significant outcome for both the employer and the union, as it provided certainty and stability in their industrial relationship.

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