DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6709)

ACCESS CRANES AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 AUGUST 2021

Application for approval of the ACCESS CRANES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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) Subcontractors Tower Crane Riggers 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] 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.

[6] 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.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

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CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Access Cranes Australia Pty Ltd. The dispute concerned the application for approval of the Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it met the requirements for being a simplified agreement, including whether it included minimum terms and conditions and was not likely to undermine the industrial safety and health of employees.

The Commission examined the proposed agreement to assess its compliance with the statutory framework. It considered the provisions of the Fair Work Act, including the requirements for minimum terms and conditions, and whether the agreement included all the relevant minimum terms as specified in the regulations. The Commission also evaluated whether the agreement was likely to undermine the safety and health of employees. In its reasoning, the Commission found that the proposed agreement met the criteria for approval, including the inclusion of all necessary minimum terms and conditions and the absence of any provisions that would undermine industrial safety and health. Consequently, the Commission approved the agreement, confirming that it was in the public interest and met all statutory requirements.

The Commission's decision to approve the proposed enterprise agreement was based on its finding that the agreement satisfied all the necessary statutory criteria. The Commission confirmed that the agreement included all the required minimum terms and conditions and did not include any provisions that would undermine the safety and health of employees. The Commission found that the agreement was in the public interest and met the requirements for being a simplified agreement under the Fair Work Act. The Commission approved the Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023, effective from the date of the decision. This approval allows the agreement to be used as a basis for employment between the parties involved.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established