Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8869)

THE TRUSTEE FOR G A CAELLI DISCRETIONARY TRUST T/AS
GENERAL CRANES AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2021

Application for approval of the The Trustee for G A Caelli Discretionary Trust T/As General Cranes and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the The Trustee for G A Caelli Discretionary Trust T/As General Cranes and CFMEU Union Collective Agreement 2020-2022 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the Trustee for the G A Caelli Discretionary Trust trading as General Cranes and the CFMEU. The dispute centred on the terms and conditions of employment within the agreement, specifically whether the proposed terms met the requirements of Australian labour law. The Fair Work Commission was tasked with determining if the agreement was fair and reasonable, and if it complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the terms and conditions outlined in the CFMEU Union Collective Agreement 2020-2022 were fair and reasonable. This involved assessing whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to the protection of employees' rights and ensuring the agreement did not unjustifiably disadvantage any party. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of the employer and the employees, particularly in light of the specific industry context of crane operations.

In its decision, the Fair Work Commission found that the CFMEU Union Collective Agreement 2020-2022 was fair and reasonable. The Commission concluded that the agreement did not unjustifiably disadvantage either party and met the statutory requirements for approval under the Fair Work Act 2009. The Commission emphasised that the agreement provided adequate protections for employees while allowing for reasonable flexibility and operational efficiency for the employer. The decision noted the specific considerations of the crane operations industry, which influenced the fairness assessment. The Commission approved the agreement, confirming that it complied with the relevant legislative provisions.

The Fair Work Commission's final order was to approve the CFMEU Union Collective Agreement 2020-2022 between the Trustee for the G A Caelli Discretionary Trust trading as General Cranes and the Construction, Forestry, Maritime, Mining and Energy Union. This approval was contingent on the agreement being registered with the Fair Work Commission and the parties adhering to the terms and conditions set out in the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established