Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/180)

LINDORES CONSTRUCTION LOGISTICS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027 (MOBILE CRANES)

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 12 FEBRUARY 2024

Application for approval of the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Mobile Cranes)

An application has been made for approval of an enterprise agreement known as the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Mobile Cranes) (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 19 February 2024. The nominal expiry date of the Agreement is 2 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for a collective agreement between itself and Lindores Construction Logistics Pty Ltd, covering the period 2023-2027 for mobile crane operators. The agreement sought to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. Lindores Construction Logistics Pty Ltd did not oppose the application but raised concerns regarding the fairness and reasonableness of certain provisions, particularly those relating to wage increases and the inclusion of specific clauses.

The Commission was required to determine whether the collective agreement was fair and reasonable in all its terms. This involved assessing whether the agreement met the criteria set out in the Fair Work Act, including whether it promoted harmonious, productive, and cooperative workplace relations. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including remuneration and other benefits, and whether it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the collective agreement was fair and reasonable in all its terms. The Commission noted that the agreement provided for modest wage increases that were in line with prevailing industry standards and took into account the economic climate. The Commission also found that the inclusion of specific clauses, such as those relating to health and safety and training, were appropriate and promoted harmonious workplace relations. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and included appropriate dispute resolution mechanisms.

The Fair Work Commission approved the Lindores Construction Logistics Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (Mobile Cranes). The Commission noted that the agreement was a fair and reasonable agreement that promoted harmonious, productive, and cooperative workplace relations and provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement was an appropriate mechanism for resolving disputes between the parties and would promote certainty and stability in the workplace.

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