Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/244)

RAIL CRANES AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Rail industry
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the RAIL 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 RAIL 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 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 26 February 2024. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry and Maritime Employees Union, sought approval for an enterprise agreement between Rail Cranes Australia Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement, titled the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, was being brought before the court for formal endorsement. The nature of the dispute involved the terms and conditions of employment for workers in the mobile crane hiring industry, specifically addressing matters such as wages, working conditions, and dispute resolution mechanisms.

The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the proper protection of employee interests, did not adversely affect employees who were not party to the agreement, and adhered to the principles of good faith bargaining. The court also needed to ensure that the agreement did not contain any provisions that were inconsistent with the Fair Work Act or any other relevant legislation.

In considering the application, the court examined the terms of the agreement, the process by which it was negotiated, and the evidence provided by both parties. The court found that the agreement was the result of genuine and good faith bargaining and provided for the proper protection of the employees' interests. The court determined that the agreement met all statutory requirements for approval and was not inconsistent with any relevant legislation. Consequently, the court approved the agreement, allowing it to come into effect as intended by the parties. The court's decision was based on the comprehensive evidence of good faith negotiations and the overall fairness of the agreement's provisions.

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