| [2022] FWCA 1843 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BMS Heavy Cranes Australia Pty Ltd T/A BMS Heavy Cranes Pty Ltd
(AG2022/1627)
BMS HEAVY CRANES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 7 JUNE 2022 |
Application for approval of the BMS HEAVY CRANES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the BMS HEAVY CRANES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry 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 BMS Heavy Cranes Australia Pty Ltd T/A BMS Heavy Cranes Pty Ltd. 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.
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 14 June 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- BMS Heavy Cranes Australia Pty Ltd T/A BMS Heavy Cranes Pty Ltd [2022] FWCA 1843
- Case
- [2022] FWCA 1843
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of good faith bargaining and the coverage of employees. The court had to examine if the agreement was made in good faith and if it provided fair terms and conditions for the employees involved. Additionally, the court considered whether the agreement adequately covered all relevant employees within the industry and if it complied with statutory provisions.
The Fair Work Commission, in delivering its decision, assessed the evidence and arguments presented by both parties. The Commission determined that the agreement was made in good faith and provided fair terms and conditions for the employees. The court found that the agreement covered the intended scope of employees and complied with the relevant statutory provisions. Consequently, the application for approval was granted, and the enterprise agreement was approved.
The final orders of the court were that the BMS Heavy Cranes Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and it would be in effect for the duration specified, until the end of the 2023 financial year.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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