Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/541)

BOOM LOGISTICS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2022

Application for approval of the BOOM LOGISTICS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the BOOM LOGISTICS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (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, Maritime, Mining and Energy 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.

The Construction, Forestry, Maritime, Mining and Energy 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 22 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and BOOM LOGISTICS (VIC) PTY LTD. The dispute centred on the application for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The case was heard by the Fair Work Commission. The legal issues that the court needed to address were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and whether it contained provisions that were contrary to public policy or otherwise unenforceable.

The court examined the agreement clause by clause, considering the requirements of the Fair Work Act 2009. It found that the agreement met the criteria for approval as it covered the essential terms of employment, including wages, hours of work, and other conditions of employment. The court also assessed whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable. It concluded that none of the provisions in the agreement were contrary to public policy or unenforceable. Therefore, the court approved the agreement.

In summary, the court found that the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 met the necessary criteria for approval under the Fair Work Act 2009 and did not contain any provisions that were contrary to public policy or otherwise unenforceable. The court approved the agreement, which will now be in effect for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established