Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7383)

REED LOGISTICS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Business equipment industry
COMMISSIONER LEE	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the REED LOGISTICS AUSTRALIA 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 REED LOGISTICS AUSTRALIA 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 case involves an application for the approval of a specific enterprise agreement between REED LOGISTICS AUSTRALIA PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission, a tribunal in Australia responsible for overseeing and approving enterprise agreements. The nature of the dispute centred on whether the agreement met all the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The legal issues before the court encompassed various elements of the Fair Work Act, including whether the agreement was made in good faith and whether it contained the necessary provisions to be deemed a simple, low-risk, and genuine enterprise agreement. The court was required to determine if the agreement met the threshold criteria for approval and if it complied with the procedural requirements set out in the Act. Additionally, the court examined whether the agreement included appropriate terms and conditions that would benefit the employees and the employer.

In delivering its decision, the Fair Work Commission carefully evaluated the agreement against the provisions of the Fair Work Act. The Commission found that the agreement was made in good faith and met the requirements of a genuine enterprise agreement. The Commission also confirmed that the agreement contained all the necessary terms and conditions, including minimum rates of pay, penalty rates, and other employment-related matters. The agreement was deemed to be a simple, low-risk agreement that provided fair and reasonable terms for both the employees and the employer. Consequently, the Fair Work Commission approved and registered the enterprise agreement.

The final orders of the Fair Work Commission included the approval and registration of the REED LOGISTICS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement was to be registered from the date of the Commission's decision and would remain in effect for the specified period of 2020-2023. The Commission's decision ensured that the agreement would provide a fair and reasonable framework for the employment relationship between REED LOGISTICS AUSTRALIA PTY LTD and the employees represented by the CFMEU.

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