Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8555)

J A & SON CO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2021

Application for approval of the J A & SON CO 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 J A & SON CO 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 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 14 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 this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the J A & SON CO PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, with the Union arguing that the agreement should be registered under the Fair Work Act. The Union contended that the agreement was a genuine enterprise agreement, negotiated in good faith and covered by the relevant legislative framework.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for registration. This involved examining the process of negotiation, the content of the agreement, and whether the agreement met the criteria for approval as set out in the Fair Work Act. The Union had to demonstrate that the agreement was made in good faith and for the purpose of establishing the terms and conditions of employment.

The Fair Work Commission examined the evidence and submissions presented by both parties, considering the process of negotiation and the content of the agreement. The Commission found that the agreement was negotiated in good faith and covered by the relevant provisions of the Fair Work Act. It concluded that the agreement met the necessary criteria for approval, and therefore granted the application for registration. The Commission emphasised the importance of ensuring that enterprise agreements are made in good faith and genuinely negotiated, and that they provide fair terms and conditions for employees.

The final order of the Fair Work Commission was that the J A & SON CO PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 be registered under the Fair Work Act. This decision ensures that the agreement will be legally binding on the parties and provides a framework for the terms and conditions of employment within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established