DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6739)

SERGI (AUST) 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 JOHNS	SYDNEY, 27 AUGUST 2021

Application for approval of the SERGI (AUST) 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 SERGI (AUST) 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 3 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 case involved an application for the approval of a proposed enterprise agreement between Sergi (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission (FWC), a tribunal with jurisdiction over workplace relations matters in Australia. The CFMEU sought to have the proposed Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 approved, which would govern the employment terms and conditions of workers in the mobile crane hiring industry across Victoria.

The primary legal issues before the FWC were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether the agreement had been made in the course of genuine bargaining, and whether it contained the necessary provisions to ensure the fair treatment of employees. The FWC needed to consider the extent to which the agreement provided for proper workplace practices and the fair treatment of employees, including adequate pay and conditions.

In delivering its decision, the FWC noted that the agreement had been negotiated between the parties in good faith and met the statutory requirements for genuine bargaining. The Commission found that the agreement contained provisions that ensured the fair treatment of employees, including provisions for minimum wages, penalty rates, and other employment conditions. The FWC was satisfied that the agreement provided for proper workplace practices and met the requirements for approval under the Act. Accordingly, the FWC approved the proposed enterprise agreement.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, finding that it had been made in the course of genuine bargaining and contained provisions that ensured the fair treatment of employees. The Commission noted that the agreement provided for proper workplace practices and met the requirements for approval under the Fair Work Act 2009. The approval of the agreement will provide certainty and stability to the mobile crane hiring industry in Victoria, and will ensure that employees in the industry are treated fairly and provided with adequate employment conditions.

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