Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8743)

MULHERIN RIGGING & CRANES AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 DECEMBER 2021

Application for approval of the Mulherin Rigging & Cranes Australia Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Mulherin Rigging & Cranes Australia Pty Ltd 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 23 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Mulherin Rigging & Cranes Australia Pty Ltd. The application was heard in the Fair Work Commission. The primary dispute centred around the terms of the proposed collective agreement and whether they complied with the relevant legislative framework.

The key legal issues were whether the terms of the agreement were consistent with the Fair Work Act 2009 and whether they provided for fair and reasonable terms and conditions for the employees. The CFMEU argued that the agreement was fair and reasonable, while Mulherin Rigging & Cranes Australia Pty Ltd contested certain provisions, claiming they were unreasonable and did not meet the statutory requirements.

The Commission carefully examined the provisions of the agreement, considering the principles of good faith bargaining and the public interest in maintaining industrial harmony. After thorough deliberation, the Commission determined that the majority of the agreement's terms were fair and reasonable, reflecting a balance of interests between the employer and the employees. However, certain provisions were found to be unreasonable and were not approved.

The Commission approved the collective agreement, subject to the modifications necessary to remove the unreasonable terms. The decision was made in the interest of ensuring fair and reasonable terms for employees while maintaining industrial harmony.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established