Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7864)

BENLINC PTY LTD T/AS BENLINC 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, 26 OCTOBER 2021

Application for approval of the BENLINC PTY LTD T/As BENLINC 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 BENLINC PTY LTD T/As BENLINC 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 2 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and BENLINC PTY LTD T/As BENLINC CRANES. The dispute centred around the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The Fair Work Commission heard the application. The central legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it contained provisions that were not in the best interests of the employees. The Commission had to determine if the agreement met the requirements for approval under the Act, including whether it was free from prohibited content and whether it was made in good faith.

In evaluating the agreement, the Commission examined various aspects such as the definition of employees, the classification of work, and the terms and conditions of employment. It also considered if the agreement provided fair and reasonable protections for employees and if it included any provisions that could be deemed unfair. The Commission assessed the evidence presented by both parties and determined that the agreement was largely compliant with the legislative requirements. The Commission found that while there were some areas of concern, the overall agreement was beneficial to the employees and met the necessary standards for approval.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, subject to certain conditions. The Commission required that specific provisions be amended to ensure compliance with the Act and to address the concerns raised during the hearing. The final orders included the approval of the agreement with the specified amendments and conditions to be met by the parties. This decision ensures that the enterprise agreement is implemented in a manner that is fair and in the best interests of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established