Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4907)

PREMIER CRANES & RIGGING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2024

Application for approval of the PREMIER CRANES & RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the PREMIER CRANES & RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 August 2024 and the Agreement was made on 9 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 30 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 matter before the court involved an application for the approval of a proposed enterprise agreement between Premier Cranes & Rigging Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement in question was the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027. The application was brought under the Fair Work Act 2009, which provides the legal framework for the approval of enterprise agreements.

The legal issues that the court was required to address centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement had been made in the prescribed manner, if it complied with the provisions of the Act concerning coverage, and if it contained any terms that were unlawful or contrary to public policy. Additionally, the court needed to determine if the agreement had been made without coercion, undue influence, or any other form of unfair behaviour.

In reaching its decision, the court examined the evidence and submissions presented by both parties. The court found that the agreement had been made in accordance with the prescribed processes, and that it contained terms that were consistent with the requirements of the Act. The court also considered the provisions of the agreement and found that they did not contravene any relevant laws or public policy. Moreover, the evidence demonstrated that the agreement was made without any form of coercion or undue influence. Based on these findings, the court concluded that the proposed enterprise agreement met all necessary criteria for approval.

Accordingly, the court approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 between Premier Cranes & Rigging Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was deemed to be valid and binding upon the parties, effective from the date of the court's approval.

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