Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8600)

COLLECTIVE CRANE HIRE 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, 9 DECEMBER 2021

Application for approval of the COLLECTIVE CRANE HIRE 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 COLLECTIVE CRANE HIRE 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 16 December 2021. 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

The parties in the matter were the Construction, Forestry, Maritime, Mining and Energy Union, and COLLECTIVE CRANE HIRE PTY LTD. The nature of the dispute was regarding the application for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The case was heard by the Fair Work Commission. The legal issues the court was required to decide were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for a 'good faith' agreement.

The court found that the proposed agreement complied with the Fair Work Act and met the requirements for a 'good faith' agreement. The court noted that the parties had engaged in genuine bargaining, and the agreement reflected the terms and conditions of employment agreed upon by both parties. The court also found that the agreement did not contain any provisions that would undermine the safety and efficiency of the industry or have an adverse effect on the employees.

The court approved the proposed agreement, finding that it was in the best interests of the employees and employers involved. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it would promote productivity and economic efficiency in the industry. The court also noted that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties.

The final order of the court was to approve the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, subject to certain modifications that were necessary to ensure compliance with the Fair Work Act. The court also ordered that the agreement be registered with the Fair Work Commission, and that it would come into effect on the date of the registration.

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