Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7818)

BKP CRANES AND RIGGING SERVICES 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, 22 OCTOBER 2021

Application for approval of the BKP CRANES AND RIGGING SERVICES 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 BKP CRANES AND RIGGING SERVICES 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 29 October 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 an application for the approval of a proposed enterprise agreement between BKP Cranes and Rigging Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2023. The application was heard in the Fair Work Commission. The primary dispute was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. This included ensuring the agreement was in the best interests of the employees and was free from any discriminatory or otherwise objectionable terms.

The legal issues the court had to address were whether the proposed agreement provided for fair and reasonable terms and conditions for the employees, including minimum rates of pay, leave entitlements, and other employment conditions. The court also had to consider whether the agreement was made in good faith and without any improper conduct. Additionally, the court examined whether the agreement complied with any relevant minimum standards prescribed by the Fair Work Regulations.

The Fair Work Commission found that the proposed agreement was fair and reasonable, met the necessary standards for approval, and was in the best interests of the employees. The commission considered the evidence provided by both parties and noted the efforts made by the parties to reach a consensus. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and did not contain any discriminatory or objectionable terms. The commission also found that the agreement was made in good faith and without any improper conduct. As a result, the commission approved the proposed agreement.

The Fair Work Commission approved the proposed enterprise agreement between BKP Cranes and Rigging Services Pty Ltd and the CFMEU for the period 2020-2023. The agreement was to be registered with the Fair Work Commission and would apply to all employees of BKP Cranes and Rigging Services Pty Ltd who were members of the CFMEU. The approval of the agreement provided certainty and stability to both the employer and employees, ensuring that the terms and conditions of employment were fair and reasonable.

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