DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6772)

ECH GEELONG 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, 31 AUGUST 2021

Application for approval of the ECH GEELONG 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 ECH GEELONG 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 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 applicant, ECH Geelong Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The agreement in question was the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was made under section 230 of the Fair Work Act 2009. The respondent, CFMEU, did not oppose the application but did seek amendments to certain clauses of the agreement.

The court was required to determine whether the application met the statutory requirements and whether the agreement complied with the relevant provisions of the Fair Work Act. Key issues included whether the agreement provided for a fair and efficient workplace, whether it complied with the good faith bargaining requirement, and whether it was consistent with the national system of industrial relations.

The court found that the application met the requirements of the Act and that the agreement was consistent with the national system of industrial relations. The court also found that the agreement provided for a fair and efficient workplace and that the parties had engaged in good faith bargaining. The court made several amendments to the agreement as sought by the CFMEU. The court noted that the amendments did not materially alter the agreement and that the changes were minor and did not affect the overall fairness of the agreement.

The court approved the agreement with the amendments made by the court. The final orders included the approval of the agreement as modified by the court, and the agreement was to be registered with the Fair Work Commission. The court also ordered that the agreement would come into effect from the date of the order.

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