Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4641)

SSA CRANES & RIGGING PTY LTD T/AS STEEL STRUCTURES AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 24 DECEMBER 2024

Application for approval of the SSA Cranes & Rigging Pty Ltd T/As Steel Structures Australia and CFMEU Union Collective Agreement 2023-2027 - Approved

An application has been made for approval of an enterprise agreement known as the SSA Cranes & Rigging Pty Ltd T/As Steel Structures Australia and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

The Agreement was approved on 24 December 2024 and, in accordance with s.54, will operate from 31 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of a collective agreement between SSA Cranes & Rigging Pty Ltd T/As Steel Structures Australia and the union. The agreement covered employees of the company who were engaged in the manufacture, erection, and maintenance of steel structures, as well as rigging and crane operations. The union sought approval of the agreement under section 232 of the Fair Work Act 2009, which allows for the registration of agreements that provide for fair and reasonable terms and conditions of employment.

The legal issues before the Commission related to whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with relevant legislative provisions. The union argued that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The company argued that certain provisions of the agreement were unreasonable and not in accordance with the law.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with relevant legislative provisions. The Commission noted that the agreement provided for a tiered wage structure that reflected the skills and experience of employees, and that it included provisions for flexible working arrangements and unpaid leave. The Commission also found that the dispute resolution provisions were reasonable and provided for an efficient and effective process for resolving disputes. The Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Fair Work Commission approved the SSA Cranes & Rigging Pty Ltd T/As Steel Structures Australia and CFMEU Union Collective Agreement 2023-2027. The agreement will now be registered and will apply to employees of the company who are covered by the agreement. The decision of the Commission is final and binding, and cannot be appealed.

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