Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4247)

BEACON INSTALLATION SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Subcontractors Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2022

Application for approval of the BEACON INSTALLATION SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Subcontractors Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BEACON INSTALLATION SERVICES (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Subcontractors 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 27 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a specialised enterprise agreement between Beacon Installation Services (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The agreement related to subcontractors providing rope access services. The Fair Work Commission was the court handling the case. The legal issues before the Commission included whether the agreement met the requirements for special enterprise agreements, such as whether it was genuinely negotiated, and whether it complied with the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement was in the interests of the employees and the employer.

The Commission examined the negotiation process and found that the agreement was genuinely negotiated between the parties. It noted that the union had taken steps to ensure that the agreement reflected the needs and concerns of its members. The Commission also assessed whether the agreement complied with the Fair Work Act 2009, including provisions related to minimum terms and conditions, and found that it did. Furthermore, the Commission considered the interests of the employees and the employer, taking into account factors such as the nature of the work, the need for specialised skills, and the overall economic context. It concluded that the agreement was in the interests of both parties and would promote harmonious, productive and cooperative workplace relations.

Based on its findings, the Commission approved the Beacon Installation Services (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Subcontractors Enterprise Agreement 2020-2023. The Commission was satisfied that the agreement met the requirements for special enterprise agreements and was in the interests of both the employees and the employer. The approved agreement will now serve as the basis for the employment conditions of the relevant subcontractors for the specified period.

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