DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6941)

GVP FABRICATORS 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, 8 SEPTEMBER 2021

Application for approval of the GVP FABRICATORS 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 GVP FABRICATORS 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 15 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 matter before the Fair Work Commission involved an application for the approval of the GVP Fabricators Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around whether the enterprise agreement, which was negotiated between the employer and the union, met the legal criteria for approval as set out in the Fair Work Act. Specifically, the application required the Commission to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the process requirements outlined in the Act.

The primary legal issues that the Commission had to resolve included whether the agreement contained all the prescribed terms and conditions, whether it was negotiated in good faith, and whether it satisfied the specific requirements for approval as a single interest enterprise agreement. The Commission also needed to consider whether the agreement adequately addressed the needs of the employees and the employer, and whether it provided for fair and reasonable terms and conditions of employment. The other issues included the fairness of the agreement in terms of its effect on employees and whether it met the criteria for being a genuinely negotiated agreement.

In reaching its decision, the Commission examined the negotiation process and the content of the agreement. It noted that the agreement had been negotiated in good faith and covered all the prescribed terms and conditions as required by the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs of the mobile crane hiring industry. The Commission also concluded that the agreement met all the criteria for approval and did not have an adverse effect on the employees. Based on these findings, the Commission approved the enterprise agreement, noting that it provided a fair and reasonable framework for the employment of workers in the mobile crane hiring industry.

The final orders of the Commission included the approval of the GVP Fabricators Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement was registered with the Fair Work Commission, and the parties were directed to comply with its terms. The Commission's decision confirmed that the agreement met all the legal requirements for approval and provided a balanced approach to the needs of both the employees and the employer.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established