Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7344)

COLLECTIVE CRANE EMPLOYMENT SERVICES 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 LEE	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the COLLECTIVE CRANE EMPLOYMENT SERVICES 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 COLLECTIVE CRANE EMPLOYMENT SERVICES 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 28 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 involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and COLLECTIVE CRANE EMPLOYMENT SERVICES PTY LTD, governing the mobile crane hiring industry in Victoria. The agreement, titled the 'Mobile Crane Hiring Industry Enterprise Agreement 2020-2023', was brought before the Fair Work Commission for approval. The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009 for being approved as a registered agreement.

The central legal issue before the Commission was whether the agreement satisfied the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, substantive fairness, and whether it was made in good faith. This involved examining whether the bargaining process leading to the agreement was conducted fairly, whether the terms of the agreement were fair, and whether the agreement was made without coercion or undue influence.

The Commission found that the agreement had been negotiated in good faith and the bargaining process was procedurally fair. The terms of the agreement were also found to be substantively fair, offering a balanced set of rights and obligations that were reasonable and appropriate in the context of the industry. The Commission noted the extensive consultations and negotiations that took place, the willingness of both parties to engage in a fair process, and the comprehensive nature of the agreement addressing various aspects of employment conditions. As a result, the Commission approved the agreement, confirming that it met all legal requirements for registration.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, recognising it as a registered agreement under the Fair Work Act 2009. This decision formalises the terms and conditions of employment for the mobile crane hiring industry in Victoria for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established