Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1950)

MIRAMAX CRANES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 13 JUNE 2024

Application for approval of the Miramax Cranes Pty Limited / CFMEU Collective Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Miramax Cranes Pty Limited / CFMEU Collective Agreement 2022-2025. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees 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.

The Construction, Forestry and Maritime Employees 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 20 June 2024. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Miramax Cranes Pty Limited and the Construction, Forestry and Maritime Employees Union. The parties sought approval of their collective agreement for the period of 2022-2025. The nature of the dispute centred around the validity and enforceability of the terms of the agreement, which had been negotiated between the employer and the union to regulate the employment conditions of the workers in the crane operating sector. The case was heard in the Fair Work Commission of Australia, which has jurisdiction over matters concerning workplace relations and industrial awards.

The legal issues before the court included whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to determine if the collective agreement was made in good faith, if it was free from any unlawful or improper conduct, and if it met the standards of procedural fairness. Additionally, the court examined if the agreement covered all necessary aspects, such as wages, hours of work, and other conditions of employment, and if it was in the best interest of the workers.

In its reasoning, the court considered the provisions of the Fair Work Act and the Fair Work Regulations, as well as the principles of natural justice and procedural fairness. The court found that the collective agreement met all the statutory requirements and was made in good faith by both parties. The court was satisfied that the agreement was free from any unlawful or improper conduct and that it covered all necessary aspects of employment conditions. Furthermore, the court held that the agreement was in the best interest of the workers and would promote harmonious, productive and cooperative workplace relations.

As a result, the court approved the Miramax Cranes Pty Limited / CFMEU Collective Agreement 2022-2025, and it became legally binding on the parties. The court's decision provided certainty and stability to the employment relationship between the employer and the union, as well as the workers in the crane operating sector.

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