DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6715)

ACCESS CRANES AUSTRALIA 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 ACCESS CRANES AUSTRALIA 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 ACCESS CRANES AUSTRALIA 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 case involved an application for approval of the Enterprise Agreement between Access Cranes Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the mobile crane hiring industry. The application was brought before the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of whether it facilitated, promoted or improved the efficient operation of the industry and the protection of employees’ rights and interests.

The Commission considered the submissions from both parties and examined the agreement's provisions. The CFMEU argued that the agreement improved working conditions and protected workers' rights. Access Cranes Australia Pty Ltd contended that the agreement was not in the best interests of the business and would lead to increased costs without corresponding benefits. The Commission assessed the agreement against the criteria set out in the Act, focusing on its impact on the industry's efficiency and the balance of interests between employers and employees. After thorough consideration, the Commission found that the agreement was in the best interests of the business and met the requirements of the Act.

Accordingly, the Commission approved the Enterprise Agreement. The approval was based on the agreement's provisions that were deemed to promote the efficient operation of the industry and to protect employees' rights and interests. The Commission also noted that the agreement provided for a fair and reasonable process for resolving disputes and included provisions for the protection of employees' health and safety. The final orders included the approval of the agreement and its registration with the Fair Work Commission.

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