Construction, Forestry and Maritime Employees Union

[2024] FWCA 3785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3861)

BSF MOBILE CRANES PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024-2028

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2024

Application for approval of the BSF Mobile Cranes Pty Ltd QTMP Building Project Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the BSF Mobile Cranes Pty Ltd QTMP Building Project Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

A pre-June 2023 version of the NERR was provided to employees on 29 August 2024 and was subsequently lodged with the agreement. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others¹, this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 8 November 2024. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union, which sought approval for a Building and Construction Sector Agreement concerning mobile cranes for the period 2024-2028. The application was brought before the Fair Work Commission, which was tasked with determining the merits of the proposed agreement. The union argued that the agreement would ensure fair wages and conditions for workers in the mobile crane sector, while some employers' groups opposed it, citing potential financial burdens and inflexibility.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided a safety net for workers and ensured fairness, while also considering the potential economic impact on employers. The Commission examined the balance between the needs of workers and the sustainability of the industry, ensuring that the agreement did not unduly restrict business operations or impose excessive costs.

In reaching its decision, the Fair Work Commission carefully considered the evidence presented by both the union and employer representatives. The Commission found that the proposed agreement did provide a safety net for workers, with provisions that ensured fair wages and conditions, while also allowing for some flexibility in the industry. The Commission acknowledged the potential economic impact on employers but concluded that the benefits to workers and the stability of the industry outweighed these concerns. Consequently, the Commission approved the agreement, recognising its role in maintaining a fair and balanced industrial relationship in the mobile crane sector.

The final orders of the Commission approved the Building and Construction Sector Agreement for mobile cranes, effective from 2024 to 2028. This decision was made under the authority of the Fair Work Act, ensuring that the agreement would provide a framework for fair and equitable employment conditions in the sector. The approval was subject to the conditions set out in the agreement, which the Commission found to be balanced and in the best interests of both workers and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established