Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7698)

LYNBURN CRANE HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 OCTOBER 2021

Application for approval of the LYNBURN CRANE HIRE 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 LYNBURN CRANE HIRE 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Lynburn Crane Hire Pty Ltd and CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement was submitted by the CFMEU as a party to the enterprise, and it was argued that it should be approved as a certified agreement. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission had to determine whether the agreement was genuinely a bargain between the parties, whether it contained terms that met the minimum entitlements set out in the Fair Work Act, and whether the agreement was in the interests of the employees. The Commission also had to consider whether the agreement provided for an effective dispute resolution process. These issues required the Commission to review the agreement's content, including the terms and conditions of employment, and to consider the parties' submissions on the agreement's merits.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The Commission found that the agreement was a genuine bargain between the parties, and that it contained terms that met the minimum entitlements set out in the Fair Work Act. The Commission also found that the agreement was in the interests of the employees, and that it provided for an effective dispute resolution process. The Commission approved the agreement as a certified agreement, and it will now apply to all employees covered by the agreement.

The Commission's decision is final and binding on the parties. The agreement will now apply to all employees covered by it, and it will remain in effect until the end of the agreement period, or until it is replaced by a new agreement. The Commission's approval of the agreement is an important recognition of the parties' bargaining rights and the importance of enterprise agreements in regulating employment relationships.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established