Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2796)

CRANE HIRE GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the Crane Hire Group Pty Ltd / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Crane Hire Group Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 26 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between the Crane Hire Group Pty Ltd and the Construction, Forestry and Maritime Employees Union for the years 2024 to 2027. The application was brought before the Fair Work Commission. The central dispute centred on whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the prohibition against unfair terms.

The court had to determine whether the agreement was genuinely the product of good faith bargaining, whether it contained any unfair terms, and whether it met the legal standards for approval under the Fair Work Act. The union and the employer argued that the agreement was the result of extensive and genuine negotiations, while the employer also contended that the terms were fair and did not contravene any legal standards.

In its decision, the court examined the evidence presented regarding the negotiation process, finding that the agreement was indeed the result of genuine and good faith bargaining. The court also assessed the terms of the agreement against the criteria for fairness, determining that none of the terms were unfair under the Act. The court concluded that the agreement met all the necessary legal standards for approval. The Fair Work Commission approved the collective agreement, finding it to be in compliance with the relevant legislative requirements.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established