Construction, Forestry and Maritime Employees Union

[2024] FWCA 2026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1812)

BSF MOBILE CRANES PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 JUNE 2024

Application for approval of the BSF Mobile Cranes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022.

An application has been made for approval of an enterprise agreement known as the BSF Mobile Cranes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. (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, Maritime 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 12 June 2024. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFME) applied to the Fair Work Commission for approval of the BSF Mobile Cranes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The dispute arose from the negotiation process between the CFMEU and BSF Mobile Cranes Pty Ltd, where the union sought to establish terms and conditions for employees working on the Queens Wharf Project. The Commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and whether it adhered to the prescribed procedural standards for collective agreements. Additionally, the Commission had to consider whether the agreement was consistent with the objectives of the Fair Work Act, particularly in relation to the protection of employees' rights and the promotion of fair work practices.

In its decision, the Commission found that the agreement had been made in good faith and contained all the required minimum terms and conditions. The Commission also determined that the procedural standards were met, as the union had adequately consulted with its members and provided them with relevant information. Furthermore, the Commission concluded that the agreement was consistent with the objectives of the Fair Work Act, as it provided fair and reasonable terms for the employees involved in the Queens Wharf Project. Based on these findings, the Commission approved the agreement.

The Commission's final order was to approve the BSF Mobile Cranes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, subject to certain conditions to ensure ongoing compliance with the Fair Work Act. The Commission emphasised the importance of maintaining a fair and transparent process in future negotiations and urged both parties to continue their cooperative efforts in promoting fair work practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established