DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3369)

SKYLAND SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2016 -2018.

[1] 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) Specialised Rope Access Enterprise Agreement 2016 -2018 (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 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.

[4] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

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 applied for the approval of the SKYLAND SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2016-2018. The agreement was to cover employees of Skyland Solutions Pty Ltd, who are engaged in specialised rope access work in the state of Victoria. The primary dispute centred on the terms and conditions of employment as outlined in the agreement, and the appropriateness of certain provisions concerning wages, working hours, and dispute resolution mechanisms.

The legal issues before the Commission involved assessing whether the agreement met the requirements of the Fair Work Act 2009, specifically concerning the agreement's compliance with the provisions for modern awards, the procedural fairness in its creation, and whether it provided for fair and reasonable terms and conditions of employment. The Commission needed to ensure that the agreement did not disadvantage employees, and that it provided adequate protections and benefits.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, determined that the agreement was procedurally fair and met the necessary legislative criteria. The Commission found that the agreement did not unfairly disadvantage employees and provided for fair and reasonable terms and conditions of employment. It was noted that the agreement incorporated provisions from the relevant modern award and included reasonable mechanisms for dispute resolution. Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act 2009.

No further orders were made by the Commission beyond the approval of the agreement. The decision was based on the comprehensive review of the agreement's terms and the evidence presented, ensuring that it adhered to the statutory requirements and provided a fair framework for employment conditions within the specified period.

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