| [2022] FWCA 689 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/398)
MEMBREY’S TRANSPORT & CRANE HIRE PTY. LTD. AS TRUSTEE FOR MEMBREY’S TRANSPORT & CRANE HIRE UNIT TRUST 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, 28 FEBRUARY 2022 |
Application for approval of the MEMBREY’S TRANSPORT & CRANE HIRE PTY. LTD. AS TRUSTEE FOR MEMBREY’S TRANSPORT & CRANE HIRE UNIT TRUST 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 MEMBREY’S TRANSPORT & CRANE HIRE PTY. LTD. AS TRUSTEE FOR MEMBREY’S TRANSPORT & CRANE HIRE UNIT TRUST 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 7 March 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 689
- Case
- [2022] FWCA 689
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the procedural fairness of the enterprise agreement negotiations and whether the union had appropriately represented the employees. The Commission had to assess if the union's actions during the negotiation process were fair and if the agreement reflected the interests of the employees adequately. Additionally, the court needed to examine whether specific clauses in the agreement complied with the relevant legislative provisions under the Fair Work Act 2009.
In its decision, the Fair Work Commission considered the evidence provided regarding the negotiation process and the union's conduct. The Commission concluded that there were procedural shortcomings but found that these did not significantly prejudice the employees’ interests. It was determined that the union had acted in good faith and that the agreement, while not perfect, was fair and balanced. The Commission approved the enterprise agreement, acknowledging the minor procedural issues but emphasising the overall fairness and benefits of the agreement to the employees.
The Commission's final orders included the approval of the enterprise agreement, subject to certain conditions to ensure ongoing compliance with the Fair Work Act. The union was required to provide a report on the implementation of the agreement and any further negotiations. The decision set a precedent for similar cases, highlighting the importance of procedural fairness in enterprise agreement negotiations while allowing for flexibility in achieving a balanced outcome for all parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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