Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8454)

ABLE CRANES 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, 30 NOVEMBER 2021

Application for approval of the ABLE CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ABLE CRANES 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 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) applied for approval of the ABLE CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was made under section 231 of the Fair Work Act 2009, which requires that certain agreements be approved by the Commission before they can be registered. The agreement in question covers employees of Able Cranes Pty Ltd who are members of the CFMEU, and it sets out terms and conditions of employment for the specified period.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the principles of enterprise bargaining as outlined in the Act. These principles include the requirement that agreements be made in good faith, be free from coercion and harassment, and provide for a fair and efficient system of enterprise bargaining. Additionally, the Commission needed to consider whether the agreement was consistent with the national minimum standards and whether it provided for a fair and efficient system for resolving disputes.

After reviewing the submissions from both parties and considering the provisions of the agreement, the Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement had been made in good faith and without any form of coercion or harassment. It also found that the agreement complied with the national minimum standards and provided for a fair and efficient system for resolving disputes. Consequently, the Commission approved the agreement, and it was registered with the Fair Work Ombudsman.

The Fair Work Commission approved the ABLE CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, and it was registered with the Fair Work Ombudsman. This decision ensures that the agreement will provide the necessary terms and conditions of employment for the employees covered by the agreement, while also adhering to the principles of enterprise bargaining as set out in the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established