Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8653)

GRIEVE CRANES PTY LTD AS TRUSTEE FOR PARAMOUNT CRANES TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 DECEMBER 2021

Application for approval of the GRIEVE CRANES PTY LTD AS TRUSTEE FOR PARAMOUNT CRANES TRUST 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 GRIEVE CRANES PTY LTD AS TRUSTEE FOR PARAMOUNT CRANES 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.

[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 20 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Grieve Cranes Pty Ltd as trustee for the Paramount Cranes Trust (Respondent) disputed the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The CFMEU sought approval of the agreement, while the respondent opposed it. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for approval. Key issues included whether the agreement provided for minimum rates of pay and conditions, and whether it had been fairly negotiated.

The Commission considered the nature of the agreement and the process by which it was negotiated. The agreement provided for minimum rates of pay and conditions, as required by the Fair Work Act. The CFMEU argued that the agreement had been fairly negotiated, while the respondent contended that it had not. The Commission found that the agreement had been negotiated in good faith and that the process was transparent and inclusive of all relevant stakeholders. The Commission also found that the agreement met all other requirements for approval under the Fair Work Act.

Accordingly, the Commission approved the agreement. The agreement provides for the minimum rates of pay and conditions for employees in the mobile crane hiring industry. It also includes provisions for dispute resolution, redundancy payments, and other matters. The approval of the agreement is a significant step forward for the industry and will provide certainty and stability for employers and employees alike.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established