Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7284)

INTERNATIONAL RIGGING & HIRE 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, 17 SEPTEMBER 2021

Application for approval of the INTERNATIONAL RIGGING & HIRE 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
INTERNATIONAL RIGGING & HIRE 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 24 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 the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division), and International Rigging & Hire Pty Ltd, represented by the Australian Council of Trade Unions, were involved in a dispute over the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement sought approval for a period of four years, from 1 July 2020 to 30 June 2024. The Commission was required to determine whether the agreement met the statutory criteria set out in the Fair Work Act 2009 for approval.

The primary legal issue before the Commission was whether the agreement was "in the public interest" and whether it complied with the statutory requirements. Specifically, the Commission had to assess whether the agreement adequately provided for the protection of employees' rights and interests, and whether it would promote harmonious, productive and cooperative workplace relations. The Commission also had to consider whether the agreement contained any provisions that might be detrimental to the public interest.

After reviewing the agreement and the submissions from both parties, the Commission found that the agreement met the statutory criteria for approval. The agreement provided for adequate protection of employees' rights and interests, and it contained provisions that promoted harmonious, productive and cooperative workplace relations. The Commission also found that there were no provisions in the agreement that would be detrimental to the public interest. The Commission was satisfied that the agreement was fair and reasonable, and it approved the agreement for a period of four years.

The Commission made orders approving the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, as lodged, for a period of four years, from 1 July 2020 to 30 June 2024. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement, subject to any orders made by the Commission in relation to the agreement. The decision of the Commission was final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established