Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8083)

GC CRANE HIRE PTY LTD AS TRUSTEE FOR G A CAELLI DISCRETIONARY TRUST 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, 8 NOVEMBER 2021

Application for approval of the GC CRANE HIRE PTY LTD AS TRUSTEE FOR G A CAELLI DISCRETIONARY TRUST 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 GC CRANE HIRE PTY LTD AS TRUSTEE FOR G A CAELLI DISCRETIONARY TRUST 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 15 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 application were GC Crane Hire Pty Ltd as trustee for the G A Caelli Discretionary Trust and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute pertained to the approval of the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission, a tribunal established under Australian federal legislation to resolve workplace disputes and to oversee the implementation of the Fair Work Act 2009.

The primary legal issues that the Commission was required to decide upon included whether the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act, particularly sections concerning the fairness test, the coverage of the agreement, and its compliance with any relevant minimum standards. Additionally, the Commission needed to determine if the agreement had been appropriately negotiated and if it contained necessary safeguards for the interests of both employers and employees.

In reaching its decision, the Commission examined the provisions of the agreement, the negotiation process, and the impact on the parties involved. The Commission noted that the agreement was negotiated in good faith and contained provisions that were fair and reasonable, meeting the statutory requirements. It found that the agreement covered all relevant employees and did not disadvantage any party unduly. The Commission concluded that the agreement was appropriately negotiated and met the necessary legal standards for approval.

The Commission approved the enterprise agreement, finding it to be fair and reasonable and in compliance with the requirements of the Fair Work Act. The agreement was thus approved for the specified period from 2020 to 2023.

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