Construction, Forestry and Maritime Employees Union

[2024] FWCA 4542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4701)

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

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 17 DECEMBER 2024

Application for approval of the VAMP CRANES 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 Zanda Civil Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, on behalf of its members, and VAMP CRANES PTY LTD sought approval of the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027 from the Fair Work Commission. The agreement in question proposed various terms and conditions of employment for mobile crane operators within the industry. The Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009, particularly whether it promoted harmonious, productive, and cooperative workplace relationships.

The legal issues before the Commission centred on whether the agreement contained the necessary elements for registration, including the provision of minimum wages and conditions, and whether it provided for a fair and efficient dispute resolution process. Additionally, the Commission had to consider whether the agreement adequately balanced the rights and obligations of employers and employees, and whether it was made in accordance with the principles of good faith bargaining.

The Commission found that the agreement contained all the necessary elements for registration and promoted harmonious, productive, and cooperative workplace relationships. The agreement provided for minimum wages and conditions, including provisions for overtime, penalty rates, and leave entitlements. The Commission was satisfied that the agreement provided for a fair and efficient dispute resolution process, with provisions for conciliation and arbitration. The Commission also found that the agreement balanced the rights and obligations of employers and employees, and that it was made in accordance with the principles of good faith bargaining.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, determining that it met the requirements for registration under the Fair Work Act 2009. The agreement was registered, and will apply to mobile crane operators within the industry for the period of 2024 to 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established