Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/9015)

VECCHIARELLI FAMILY TRUST (THE TRUSTEE FOR) T/AS GLADIATOR CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2021

Application for approval of the VECCHIARELLI FAMILY TRUST (THE TRUSTEE FOR) T/As GLADIATOR CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the VECCHIARELLI FAMILY TRUST (THE TRUSTEE FOR) T/As GLADIATOR CRANES 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.

[2] 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.

[3] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of the application for approval of the Vecchiarelli Family Trust t/as Gladiator Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 was heard. The applicant, Gladiator Cranes Pty Ltd, sought approval of the enterprise agreement, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, raised objections to the application. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the process and content of the agreement.

The court was tasked with determining whether the agreement was properly negotiated, if it included necessary provisions, and if the applicant had followed the correct procedures. Key issues included whether the agreement was made in good faith, if it contained all mandated minimum terms and conditions, and if the agreement was fair and reasonable. The court had to scrutinise the negotiation process, the contents of the agreement, and the compliance of the application with the statutory framework.

The court concluded that the application for approval was valid and that the agreement satisfied the requirements of the Fair Work Act. The court found that the negotiation process was conducted in good faith and that the agreement contained all necessary provisions, including the mandated minimum terms and conditions. The court also determined that the agreement was fair and reasonable, and that the application was made in accordance with the Act. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the application for approval of the enterprise agreement be, and is hereby, approved. The court directed that the agreement be registered and published as required by the Fair Work Act, ensuring its enforceability and compliance with the statutory obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established