Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7640)

MELBOURNE SPIDER CRANE HIRE 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, 11 OCTOBER 2021

Application for approval of the MELBOURNE SPIDER CRANE HIRE 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 MELBOURNE SPIDER CRANE HIRE 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 18 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 matter before the Fair Work Commission involved an application for approval of the Melbourne Spider Crane Hire and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement was submitted for endorsement by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and it covered the terms and conditions of employment for mobile crane operators within the Melbourne Spider Crane Hire company. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 in terms of its provisions, coverage, and compliance with the Fair Work (Registered Organisations) Act 2009.

The legal issues before the court included whether the agreement was genuinely negotiated, whether it complied with the terms of the Fair Work Act and the Fair Work (Registered Organisations) Act, and whether it was in the best interests of the employees. The court also had to consider if the agreement appropriately addressed the needs of both the employer and the employees, and whether it provided for a fair and reasonable resolution of any disputes that might arise during its term. Furthermore, the court needed to ensure that the agreement did not contravene any provisions of the Fair Work Act that pertain to the protection of employees' rights and conditions of employment.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated between the employer and the union, and it complied with all relevant legislative requirements. The court noted that the agreement provided for a fair and reasonable resolution of disputes and addressed the needs of both parties. The Commission also highlighted that the agreement contained provisions that protected employees' rights and conditions of employment, and it did not contravene any provisions of the Fair Work Act. Based on these findings, the Commission approved the agreement, noting that it was in the best interests of the employees and would serve as a fair and effective means of regulating the employment relationship between the parties.

The final orders of the court were that the Melbourne Spider Crane Hire and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009. The agreement would then become a legally binding instrument governing the terms and conditions of employment for mobile crane operators within the Melbourne Spider Crane Hire company, and it would be effective from the date of the Commission's decision. The court also ordered that the agreement be published and made available to all employees covered by it, and that the parties take all necessary steps to implement and enforce the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established