Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4411)

SKY HIGH STEEL FIXING (VIC) PTY. LTD. AS TRUSTEE FOR SKY HIGH STEEL FIXING TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 November 2022

Application for approval of the SKY HIGH STEEL FIXING (VIC) PTY. LTD. AS TRUSTEE FOR SKY HIGH STEEL FIXING TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SKY HIGH STEEL FIXING (VIC) PTY. LTD. AS TRUSTEE FOR SKY HIGH STEEL FIXING TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 9 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between SKY HIGH STEEL FIXING (VIC) PTY. LTD. AS TRUSTEE FOR SKY HIGH STEEL FIXING TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements and workplace relations in Australia.

The central legal issues before the Commission were whether the enterprise agreement complied with the necessary legal requirements and whether it was in the best interests of the employees covered by the agreement. The Commission had to consider various provisions within the agreement, including those relating to wages, hours of work, dispute resolution, and other employment terms and conditions.

In making its decision, the Fair Work Commission thoroughly examined the evidence presented by both parties and considered the relevant legislation, including the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission concluded that the enterprise agreement met the necessary legal criteria and was in the best interests of the employees. The Commission highlighted the importance of the agreement in promoting fair and productive working conditions in the steelfixing industry, and approved the enterprise agreement as sought by the applicants.

The Fair Work Commission made an order approving the SKY HIGH STEEL FIXING (VIC) PTY. LTD. AS TRUSTEE FOR SKY HIGH STEEL FIXING TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The agreement is now in effect, governing the terms and conditions of employment for the employees covered by the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established