Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7414)

CRANE TECH CRANES & CONSULTING PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Crane Tech Cranes & Consulting Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Crane Tech Cranes & Consulting Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 21 September 2021 and, in accordance with s 54, will operate from 28 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Crane Tech Cranes & Consulting Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to the Fair Work Commission for the approval of their Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009. The union and the employer sought the Commission's endorsement of the proposed agreement, which outlined terms and conditions of employment for workers in the mobile crane hiring industry.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically whether it complied with the "better off overall test" (BOOT) and was otherwise consistent with the Act. The BOOT requires that employees under the agreement be no worse off financially and at least one term or condition must be better. The Commission also needed to consider whether the agreement was made in good faith and if it adhered to the principles of industrial citizenship.

The Fair Work Commission found that the proposed agreement satisfied the BOOT, with workers being better off overall due to several improved financial and non-financial terms. The Commission also concluded that the agreement was made in good faith and was consistent with the principles of industrial citizenship. The Commission approved the agreement, noting that it provided a fair balance of rights and obligations for both parties and would promote harmonious workplace relations.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, effective from the date of the decision. This decision signifies the formal recognition of the agreement and its implementation within the specified industry, setting the terms and conditions for employment in the mobile crane hiring sector for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established