Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7695)

SKYLIFT CRANE SERVICES (AUST) 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, 14 OCTOBER 2021

Application for approval of the SKYLIFT CRANE SERVICES (AUST) 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 SKYLIFT CRANE SERVICES (AUST) 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 21 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Skylift Crane Services (Aust) Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement. The dispute centred on the terms and conditions of employment for mobile crane operators within the hiring industry. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions of employment, and if it adhered to the procedural fairness standards stipulated by the Act. The Commission also had to assess whether the agreement was made in good faith and whether it covered the necessary minimum terms and conditions as outlined by the legislation.

In reaching its decision, the Commission considered various submissions from the parties and relevant precedents. It found that the proposed agreement contained fair and reasonable terms, providing for adequate protections and benefits for employees. The Commission was satisfied that the agreement was made in good faith and that it met the statutory requirements for approval. It was also determined that the agreement contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Enterprise Agreement between the CFMEU and Skylift Crane Services (Aust) Pty Ltd. The approval was effective from the date of the Commission's decision and would govern the employment terms and conditions for mobile crane operators within the hiring industry for the period 2020 to 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established