Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2610)

SKYCORE CONSTRUCTION PTY LTD AS THE TRUSTEE FOR THE SKYCORE CONSTRUCTION TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 15 AUGUST 2023

Application for approval of the SKYCORE CONSTRUCTION PTY LTD AS THE TRUSTEE FOR THE SKYCORE CONSTRUCTION TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SKYCORE CONSTRUCTION PTY LTD AS THE TRUSTEE FOR THE SKYCORE CONSTRUCTION TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 31 December 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 the approval of the SKYCORE CONSTRUCTION PTY LTD AS THE TRUSTEE FOR THE SKYCORE CONSTRUCTION TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements as stipulated in the Fair Work Act 2009. The applicants argued that the agreement was appropriate for approval, while the respondents contested its validity on various grounds.

The legal issues that the Commission had to resolve included whether the agreement contained the necessary minimum terms and conditions as required by the Act, whether it was made in good faith, and whether it complied with the procedural requirements for the negotiation and execution of enterprise agreements. The Commission had to examine the specific provisions of the agreement, including the terms regarding wages, hours of work, leave, and other employment conditions, to determine if they satisfied the minimum standards.

In its reasoning, the Commission carefully reviewed the terms of the agreement and found that it met all the statutory requirements. The Commission concluded that the agreement contained the minimum terms and conditions specified in the Fair Work Act, was made in good faith, and complied with the necessary procedural requirements. It noted that the agreement was the product of genuine bargaining between the parties and that it provided for fair and reasonable employment conditions for the employees covered by the agreement.

Accordingly, the Commission approved the agreement. The final orders of the Commission were that the SKYCORE CONSTRUCTION PTY LTD AS THE TRUSTEE FOR THE SKYCORE CONSTRUCTION TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023 be approved as a registered enterprise agreement under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would govern the employment conditions of the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established