Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8289)

SPILLARD 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 JOHNS	SYDNEY, 19 NOVEMBER 2021

Application for approval of the SPILLARD CRANES 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 SPILLARD 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.

[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

The parties involved in this matter are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Spillard Cranes Pty Ltd. The dispute before the court concerns the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, which was negotiated between the CFMEU and Spillard Cranes. This agreement was submitted for approval to the Fair Work Commission (FWC), which is the body responsible for such approvals under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement met the statutory requirements for approval and whether it was in the interests of fair and efficient workplace relations.

The primary legal issues the court had to address were whether the proposed enterprise agreement complied with the legislative framework set out in the Fair Work Act 2009 and whether it aligned with the principles of fair and efficient workplace relations. This included examining the agreement's terms and conditions, the negotiation process, and whether there were any procedural irregularities or substantive issues that would render the agreement invalid. The court also needed to consider whether the agreement adequately protected the rights of the employees and employers involved and if it facilitated an efficient and productive workplace.

In rendering its decision, the court carefully reviewed the provisions of the proposed enterprise agreement and the relevant provisions of the Fair Work Act 2009. The court assessed the negotiation process, finding that it had been conducted in good faith and that the agreement was the product of genuine bargaining between the parties. The court also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the needs of both employees and employers. After thorough consideration, the court found that the agreement complied with the statutory requirements and was in the interests of fair and efficient workplace relations. Consequently, the court approved the agreement, allowing it to come into effect as of the specified date.

The final orders of the court were that the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 between Spillard Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) was approved and would be registered with the Fair Work Commission. This decision was made in accordance with the provisions of the Fair Work Act 2009, and the agreement was to be treated as a legally binding enterprise agreement from the date of approval. The court's decision provided clarity and certainty for the parties involved, allowing the agreement to be implemented and providing a framework for the resolution of any future disputes under its terms.

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