DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/509)

SKY HIGH CONTRACTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2020

Application for approval of the Sky High Contracting Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Sky High Contracting 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 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] 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 19 March 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 parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Sky High Contracting Pty Ltd. The nature of the dispute was a request for approval of a collective agreement between the two parties, specifically the Sky High Contracting Pty Ltd / CFMEU Collective Agreement 2019-2022. This request was made to the Fair Work Commission (FWC) in Australia, which is the industrial relations tribunal responsible for overseeing the approval of such agreements.

The legal issues that the FWC was required to decide involved whether the proposed collective agreement was in the best interests of the employees, whether it complied with the relevant industrial relations legislation, and if there was adequate consultation between the parties. The CFMEU argued that the agreement was fair and reasonable, while Sky High Contracting Pty Ltd raised concerns about certain provisions within the agreement. The FWC needed to carefully consider both parties' submissions and the relevant legislation to determine if the agreement met the necessary criteria for approval.

After reviewing the submissions and evidence presented by both parties, the FWC found that the proposed agreement was in the best interests of the employees. The FWC concluded that the agreement complied with the relevant industrial relations legislation and that there had been sufficient consultation between the parties. The FWC also considered the potential economic benefits of the agreement for the employees and the overall industry. Ultimately, the FWC approved the Sky High Contracting Pty Ltd / CFMEU Collective Agreement 2019-2022, recognising it as a fair and reasonable agreement that met the necessary criteria.

No further orders were made by the FWC in this case, as the approval of the collective agreement was the primary objective. The decision serves as an important reminder for employers and unions to carefully consider the implications of any proposed collective agreements and to ensure that they comply with relevant industrial relations legislation and meet the necessary criteria for approval.

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