DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6738)

EASTERN CRANES & RIGGING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 AUGUST 2021

Application for approval of the EASTERN CRANES & RIGGING 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 EASTERN CRANES & RIGGING 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[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 3 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Eastern Cranes & Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The applicant sought to have the agreement made a registered agreement under the Fair Work Act 2009. The dispute arose from a disagreement between the parties regarding the terms and conditions of employment for workers in the mobile crane hiring industry.

The central legal issue before the Commission was whether the agreement met the statutory requirements for registration under the Fair Work Act. This included determining whether the agreement had been made in good faith, whether it contained the minimum entitlements prescribed by law, and whether it complied with the other provisions of the Act. The Commission also had to consider whether the agreement was in the best interests of the employees and the industry.

After carefully reviewing the agreement and the submissions from both parties, the Commission found that the agreement met the requirements for registration. The Commission noted that the agreement had been made in good faith and contained the minimum entitlements prescribed by law. The Commission also found that the agreement was in the best interests of the employees and the industry, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, and it became a registered agreement under the Fair Work Act.

The Commission's decision was based on a detailed analysis of the agreement and the relevant legal provisions. The Commission found that the agreement was fair and reasonable and provided for appropriate terms and conditions of employment. The Commission also noted that the agreement had been made in good faith and was in the best interests of the employees and the industry. As a result, the Commission approved the agreement, and it became a registered agreement under the Fair Work Act.

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