Construction, Forestry and Maritime Employees Union

[2024] FWCA 4524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4800)

TUTT BRYANT GROUP LIMITED 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, 17 DECEMBER 2024

Application for approval of the Tutt Bryant Group Limited 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 Tutt Bryant Group Limited 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 21 October 2024 and the Agreement was made on 21 November 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 24 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

In this case, the Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement between the Tutt Bryant Group Limited and the CFMEU (Victorian Construction and General Division) concerning the Mobile Crane Hiring Industry. The application was heard in the Fair Work Commission, the body responsible for regulating workplace relations in Australia. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the terms and conditions of employment of employees, and whether it was made in accordance with the relevant provisions of the Fair Work Act. The Commission had to determine if the agreement contained all the prescribed minimum terms and conditions, if it had been made without undue influence, and if it was fair and reasonable in all its aspects. Additionally, the Commission considered whether the agreement adequately provided for the protection of employees' rights and interests.

The Commission found that the agreement was comprehensive and met all the statutory requirements. It contained all the prescribed minimum terms and conditions, was made without undue influence, and was fair and reasonable in all its aspects. The Commission also noted that the agreement provided for adequate protection of employees' rights and interests, including provisions for fair dismissal and redundancy payments. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Tutt Bryant Group Limited and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2024-2027, recognising it as a valid and legally binding agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established