Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7327)

KEPPEL PRINCE ENGINEERING ENTERPRISE AGREEMENT 2021 FOR CRANE DIVISION - MAINTENANCE, MANUFACTURING, INSTALLATION & SERVICE INDUSTRY

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 SEPTEMBER 2021

Application for approval of the Keppel Prince Engineering Enterprise Agreement 2021 for Crane Division - Maintenance, Manufacturing, Installation & Service Industry

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Keppel Prince Engineering Enterprise Agreement 2021 for Crane Division - Maintenance, Manufacturing, Installation & Service Industry (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 17 September 2021 and, in accordance with s 54, will operate from 24 September 2021. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union and Keppel Prince Engineering. The dispute was regarding the approval of the Keppel Prince Engineering Enterprise Agreement 2021 for the Crane Division, which operates within the Maintenance, Manufacturing, Installation & Service Industry. The case was heard by the Fair Work Commission, Australia's workplace relations tribunal. The union sought approval for the enterprise agreement, which aimed to govern the terms and conditions of employment for the employees in the specified division of the company.

The primary legal issues that the Commission had to address involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for the employees' minimum entitlements, facilitated a fair process for resolving workplace disputes, and did not have any terms that were contrary to the public interest. The Commission also had to consider whether the agreement had been made in good faith and whether the employees had been adequately consulted during its development.

The Fair Work Commission examined the evidence presented by both the union and the company and found that the agreement did indeed meet the required criteria for approval. The Commission was satisfied that the agreement provided for the employees' minimum entitlements, established a fair process for resolving workplace disputes, and did not contain any terms that were contrary to the public interest. Furthermore, the Commission determined that the agreement had been made in good faith and that the employees had been adequately consulted throughout the agreement's development. As a result, the Commission approved the Keppel Prince Engineering Enterprise Agreement 2021 for the Crane Division.

The Fair Work Commission's decision to approve the enterprise agreement was based on the evidence provided and the legal criteria set out in the Fair Work Act 2009. The Commission found that the agreement met all the necessary requirements for approval, including providing for the employees' minimum entitlements, facilitating a fair process for resolving workplace disputes, and not containing any terms that were contrary to the public interest. Additionally, the Commission determined that the agreement had been made in good faith and that the employees had been adequately consulted during its development. Consequently, the Fair Work Commission approved the Keppel Prince Engineering Enterprise Agreement 2021 for the Crane Division, effective from the date of the decision.

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