Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7502)

FTW 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, 30 SEPTEMBER 2021

Application for approval of the FTW 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 FTW 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 7 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

The case before the Fair Work Commission involved an application for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 between FTW Crane Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was submitted for endorsement by the Fair Work Commission, which oversees the enforcement of workplace rights and regulations in Australia. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue for the Commission to resolve was whether the enterprise agreement complied with the requirements set out in the Fair Work Act. This involved examining various aspects of the agreement, including whether it contained the necessary good faith provisions, ensured procedural fairness, and adhered to the provisions concerning minimum entitlements. The Commission also needed to assess if the agreement had been appropriately negotiated and if it provided for the resolution of any potential disputes.

In reaching its decision, the Commission considered several factors. It evaluated the bargaining process and concluded that the agreement had been negotiated in good faith and was procedurally fair. The Commission also found that the agreement included all the mandatory terms and conditions required by the Act and provided adequate mechanisms for dispute resolution. After thorough consideration, the Commission determined that the agreement met all the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, confirming its validity and enforceability under the Fair Work Act. This decision ensures that the agreement will govern the terms and conditions of employment for the employees of FTW Crane Hire Pty Ltd as stipulated in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established