DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6780)

CLARK HOIST HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 AUGUST 2021

Application for approval of the CLARK HOIST HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CLARK HOIST HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 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 Clark Hoist Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023. This application came after the agreement was made by the relevant parties and submitted to the Commission for approval. The crux of the dispute was whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission was required to decide upon were whether the agreement was genuinely a bargain between the parties, whether it contained the mandatory terms prescribed by the Fair Work Act, and whether it complied with the procedural requirements for enterprise agreements. The Commission also needed to determine if the agreement was made in good faith and if it was free from any improper influence or coercion. Additionally, the Commission had to ensure that the agreement was not detrimental to the employees covered by it.

In considering these issues, the Fair Work Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was indeed a genuine bargain between the employer and the union, as it reflected the outcome of negotiations between the parties. It was determined that the agreement contained all the mandatory terms required by the Fair Work Act, including provisions on minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also confirmed that the agreement had been made in good faith and without any improper influence or coercion. After reviewing the evidence, the Commission concluded that the agreement was not detrimental to the employees and thus met all the criteria for approval.

Consequently, the Fair Work Commission approved the Clark Hoist Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023. The agreement was registered and became effective from the date of approval, ensuring that it would apply to the relevant employees for the specified period.

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