DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6711)

METCALF CRANE SERVICES 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, 25 AUGUST 2021

Application for approval of the METCALF CRANE SERVICES 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 METCALF CRANE SERVICES 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 1 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, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 between Metcalf Crane Services Pty Ltd and the CFMEU (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, where the central issue revolved around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The legal issues primarily concerned the agreement's compliance with the Act, including whether it provided for minimum entitlements, whether it was free from prohibited content, and whether it was genuinely agreed upon by the parties.

The Fair Work Commission considered the provisions of the Fair Work Act 2009 and assessed the agreement against these legislative requirements. The Commission examined the minimum entitlements outlined in the agreement, including wages, hours of work, leave provisions, and other employment conditions. The Commission also checked for any prohibited content, such as terms that would undermine the operation of the Act or that were otherwise unlawful. Furthermore, the Commission verified whether the agreement was genuinely negotiated and agreed upon by the parties, as evidenced by the process followed in reaching the agreement.

After thorough consideration, the Fair Work Commission determined that the agreement met all the statutory requirements for approval. The agreement provided for the necessary minimum entitlements, contained no prohibited content, and was genuinely negotiated and agreed upon by the parties. Consequently, the Commission approved the agreement, and it will now serve as a legally binding enterprise agreement between Metcalf Crane Services Pty Ltd and the CFMEU (Victorian Construction and General Division) 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