Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8270)

WGC CRANES 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, 19 NOVEMBER 2021

Application for approval of the WGC CRANES 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 WGC CRANES 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 26 November 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 WGC CRANES applied for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The CFMEU represents the workers in the mobile crane hiring industry, while WGC CRANES is one of the employers within this sector. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, with both parties seeking to ensure that the agreement was fair and balanced.

The primary legal issues the Commission was required to decide were whether the proposed agreement was procedurally and substantively valid. Procedural validity required that the agreement was formed through a process that complied with the relevant legislative requirements, including proper consultation and bargaining. Substantive validity involved determining whether the terms of the agreement were fair and reasonable, taking into account factors such as the needs of the industry, the bargaining positions of the parties, and the interests of the employees.

The Commission found that the agreement was procedurally valid, as it was formed through a process that met the legislative requirements. The CFMEU and WGC CRANES had engaged in genuine and meaningful bargaining, with the Commission satisfied that the process was fair and transparent. Regarding substantive validity, the Commission assessed the terms of the agreement against the relevant criteria, concluding that the proposed agreement was fair and reasonable. The Commission considered the economic and social context of the industry, the bargaining positions of the parties, and the interests of the employees. The Commission determined that the agreement provided for appropriate protections and benefits for the employees while also considering the needs of the industry.

The Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement sets out the terms and conditions of employment for workers in the mobile crane hiring industry, including wages, hours of work, leave entitlements, and other provisions. The approval of the agreement ensures that the parties have a clear and binding framework for resolving any future disputes or issues that may arise during the term of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established