Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1138)

ALLEGIANT CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 APRIL 2024

Application for approval of the Allegiant Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Allegiant Cranes Pty Ltd / 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 the 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 25 April 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 Construction, Forestry and Maritime Employees Union sought approval of a collective agreement with Allegiant Cranes Pty Ltd. The dispute arose in the Fair Work Commission of Australia, with the Union arguing that the agreement should be approved as it met the necessary criteria under the Fair Work Act 2009. The company opposed the application, contending that certain provisions of the agreement were unfair or did not meet the requirements of the legislation.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act, including being in writing, made in good faith, and not containing terms that were less favourable than the applicable award or the national employment standards. The Commission also needed to assess whether the agreement was a genuine agreement between the parties and whether it provided for an effective dispute resolution process.

In delivering its decision, the Commission found that the agreement was properly drafted, in writing, and made in good faith. It was determined to be a genuine agreement between the parties and contained provisions for effective dispute resolution. The Commission further held that the agreement did not contain any terms that were less favourable than the applicable award or the national employment standards. Therefore, the Commission approved the collective agreement.

The Fair Work Commission approved the Allegiant Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025, finding it to be a genuine agreement that complied with the requirements of the Fair Work Act. The Commission’s approval ensures that the terms of the agreement will be legally binding on the parties and enforceable in accordance with the Act.

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