Construction, Forestry and Maritime Employees Union

[2024] FWCA 3874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4227)

EAST COAST CRANES PTY LTD (RIGGING) AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2024

Application for approval of the East Coast Cranes Pty Ltd (Rigging) and CFMEU Union Collective Agreement 2023–2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the East Coast Cranes Pty Ltd (Rigging) and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 6 November 2024.

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 collective agreement between the Construction, Forestry and Maritime Employees Union and East Coast Cranes Pty Ltd. The dispute centred around the terms of the proposed 2023–2027 agreement, which sought to regulate the employment conditions of the union's members working in the rigging sector. The application was brought to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary legal issues were whether the agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees and the employer.

The court examined the agreement clause by clause, ensuring compliance with the Fair Work Act. It assessed whether the terms were procedurally fair and if they met the criteria for being a "modern award." The court also considered the impact of the agreement on the employees' rights and the employer's business operations. The Commission found that the agreement was largely consistent with the statutory framework and did not disadvantage any party to the agreement. It concluded that the agreement provided for fair and reasonable terms of employment while accommodating the needs of both the union and the employer.

In light of its findings, the Commission approved the 2023–2027 collective agreement. The decision was based on the determination that the agreement met the necessary legal standards and was beneficial for the employees and the employer. The court's approval meant that the agreement would now form the basis of the employment terms between the union and the company for the specified period. This ruling ensures that the parties can proceed with the agreement, confident in its legal standing and benefits.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established