Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7362)

MCG CRANES 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, 22 SEPTEMBER 2021

Application for approval of the MCG CRANES 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 MCG CRANES 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 29 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

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (the Agreement) from the Fair Work Commission. The respondents, MCG CRANES and the CFMEU (Victorian Construction and General Division), challenged the validity of the Agreement, claiming that it contravened certain statutory provisions. The Commission was tasked with determining whether the Agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the Agreement had been made in accordance with the relevant provisions of the Fair Work Act and whether it complied with the procedural and substantive requirements necessary for its approval. Specifically, the Commission had to examine whether the Agreement was a genuine enterprise agreement, whether it had been appropriately negotiated, and whether it met the conditions for being a valid and enforceable agreement.

The Commission examined the evidence and submissions provided by both parties. It determined that the Agreement was a genuine enterprise agreement that had been appropriately negotiated and met all the necessary criteria for approval. The Commission found that the Agreement contained terms that were fair and reasonable, and it did not contravene any statutory provisions. The Commission also concluded that the procedural requirements for the negotiation and making of the Agreement had been satisfied, and therefore, the Agreement was valid and enforceable.

Consequently, the Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 as a registered agreement. This decision ensures that the terms and conditions of employment for workers in the mobile crane hiring industry are governed by the agreed-upon provisions, providing a fair and reasonable framework for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established