Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3333)

SKY GROUP SERVICES PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 AUGUST 2022

Application for approval of the SKY GROUP SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SKY GROUP SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers 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 26 August 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 matter involved an application for the approval of an enterprise agreement between SKY GROUP SERVICES PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which exercised its powers under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval under the Act, including its alignment with the Better Off Overall Test (BOOT) and its compliance with various statutory provisions.

The court was required to determine whether the enterprise agreement was genuinely a bargain between the parties, whether it met the BOOT, and if it complied with all relevant provisions of the Act. This involved assessing the fairness and reasonableness of the terms proposed, ensuring there were no unfair dismissal provisions, and verifying that the agreement did not undermine the public interest in industrial relations.

The Fair Work Commission carefully examined the agreement, considering the submissions from both parties. It found that the agreement was a genuine bargain, met the BOOT, and did not contain any provisions that were unfair or contrary to public interest. The Commission was satisfied that the agreement provided a fair and reasonable outcome for all parties involved. Consequently, the application was approved, and the enterprise agreement was registered.

The Fair Work Commission approved the application and registered the enterprise agreement, allowing it to come into effect from the specified date. This decision provided certainty to the parties involved and confirmed the agreement's compliance with all relevant statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established