Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5988

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7377)

TIGER CRANE TRADING TRUST (THE TRUSTEE FOR) T/AS TIGER CRANE 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, 23 SEPTEMBER 2021

Application for approval of the TIGER CRANE TRADING TRUST (THE TRUSTEE FOR) T/As TIGER CRANE 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 TIGER CRANE TRADING TRUST (THE TRUSTEE FOR) T/As TIGER CRANE 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 30 September 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 parties involved in this matter were the applicant, the TIGER CRANE TRADING TRUST trading as TIGER CRANE PTY. LTD., and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issue the court had to resolve was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the statutory provisions regarding enterprise agreements, including provisions related to the agreement's coverage, the process by which it was made, and its adherence to the "better off overall test" (BOOT). This test requires that the proposed agreement provides employees with no less than the minimum entitlements they would receive under applicable awards and that it offers them at least a 3% overall improvement in conditions.

The court assessed the application and found that the agreement satisfied the statutory requirements. The agreement was properly certified, covered the appropriate bargaining unit, and complied with procedural requirements. The court also concluded that the agreement passed the better off overall test, as it provided employees with improved conditions, including higher wages and better working conditions, compared to the minimum entitlements under the relevant awards. The court's decision was based on the comprehensive evidence presented by both parties, including expert testimony and detailed financial analysis.

As a result, the court approved the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement was deemed to be fair and compliant with all relevant legislative provisions. This decision was pivotal in setting the terms and conditions of employment for the workers in the mobile crane hiring industry in Victoria for the specified period.

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