Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2589)

CLARK CRANES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 OCTOBER 2024

Application for approval of the Clark Cranes PTY LTD and CFMEU Union Collective Agreement 2023–2027.

An application has been made for approval of a greenfields agreement known as the Clark Cranes PTY LTD and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186, 187, 193 and 193A of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Agreement was approved on 9 October 2024 and, in accordance with s.54, will operate from 16 October 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 case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement with Clark Cranes Pty Ltd, spanning from 2023 to 2027. The application was brought before the Fair Work Commission (FWC), Australia’s independent statutory body responsible for resolving workplace disputes and making decisions on employment issues. The CFMEU sought to ensure that the terms of the agreement, which covered wages, working conditions, and other employment-related matters, were fair and reasonable.

The central legal issue before the FWC was whether the proposed collective agreement met the statutory criteria for approval under the Fair Work Act 2009. This required the FWC to assess whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account various factors such as the nature of the industry, the bargaining power of the parties, and the overall impact on the workforce. The FWC also had to consider if the agreement complied with any relevant modern awards and if it addressed the specific needs and interests of the employees covered by the agreement.

In examining the proposed agreement, the FWC considered the evidence and submissions from both parties, evaluating the terms against the legislative criteria. The FWC found that the agreement provided for fair and reasonable terms and conditions, taking into account the industry's specific circumstances, the bargaining power of the parties, and the overall impact on employees. The FWC determined that the agreement was consistent with the relevant modern awards and adequately addressed the needs and interests of the employees. Consequently, the FWC approved the collective agreement, acknowledging the efforts of both parties in reaching a fair and reasonable outcome.

The final orders of the FWC included the approval of the Clark Cranes Pty Ltd and CFMEU Union Collective Agreement 2023–2027, which would now serve as a legally binding contract between the company and the union for the specified period. This decision provided clarity and certainty for both parties and the employees involved, ensuring that the terms of employment were fair and reasonable.

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