Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7459)

HYDRALIFT CRANES 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, 29 SEPTEMBER 2021

Application for approval of the HYDRALIFT CRANES 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 HYDRALIFT CRANES 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 6 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 Fair Work Commission, presided over by Commissioner McCabe, considered an application for approval of the proposed enterprise agreement between HydraLift Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement, which pertains to mobile crane hire workers employed by HydraLift Cranes, was contested on several grounds, including the adequacy of the consultation process and the overall fairness of the terms. The application was brought by the CFMEU, while HydraLift Cranes Pty Ltd and the Australian Council of Trade Unions provided supporting submissions.

The key legal issues the commission had to address were whether the agreement met the statutory criteria for approval, specifically in terms of procedural fairness, and whether the terms and conditions of the agreement were fair and reasonable. The commission examined the evidence and submissions provided by the parties to determine if there was sufficient consultation and if the agreement was appropriately balanced in its terms.

After reviewing the evidence and submissions, the commission found that the agreement was procedurally fair as the employer had undertaken a reasonable process of consultation. The commission also determined that the terms and conditions of the agreement were fair and reasonable. The commission considered the specific provisions of the agreement, including those related to wages, hours of work, and other employment conditions, and found that they were not detrimental to the employees. The commission's decision was based on a comprehensive analysis of the evidence and the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The Fair Work Commission approved the proposed enterprise agreement, confirming that it met the necessary criteria for procedural fairness and the fairness of its terms and conditions. The agreement will now be binding on the employees of HydraLift Cranes Pty Ltd and the employer, providing a framework for their employment relationship for the period 2020 to 2023.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established