Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7537)

ACR 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
COMMISSIONER LEE	MELBOURNE, 1 OCTOBER 2021

Application for approval of the ACR 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 ACR 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 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 8 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 before the Fair Work Commission involved an application by ACR Crane Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The dispute centred on whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009. The commission was required to consider if the agreement adhered to the requirements for a Modern Award, including provisions for pay rates, classification, and other terms and conditions of employment.

The primary legal issues the commission needed to address were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the provisions of the Fair Work Act. This included scrutinising whether the agreement adequately addressed the needs of both employers and employees, and whether it met the standards of good faith bargaining. The commission also had to determine if the agreement provided for appropriate mechanisms to address disputes and variations in the future.

The commission concluded that the agreement met the necessary criteria for approval. The terms and conditions of employment were deemed fair and reasonable, and the agreement demonstrated compliance with the requirements of the Fair Work Act. The commission found that the agreement provided for adequate mechanisms to address future disputes and variations, and that the parties had engaged in good faith bargaining. The commission endorsed the agreement, noting that it would serve as a Modern Award, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established