DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6559)

RIGWELD CRANE HIRE 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, 17 AUGUST 2021

Application for approval of the RIGWELD CRANE HIRE 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 RIGWELD CRANE HIRE 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 24 August 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RIGWELD CRANE HIRE PTY LTD sought approval of their enterprise agreement from the Fair Work Commission. The agreement, covering the period from 2020 to 2023, was aimed at regulating the employment terms for the mobile crane hiring industry in Victoria. The union and the employer jointly submitted the agreement for approval under the Fair Work Act 2009.

The primary legal issues that the court needed to address were whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the provisions concerning pay rates, conditions of employment, and the overall fairness of the agreement. The court also had to ensure that the agreement was free from any illegal or unenforceable terms and that it adhered to the provisions of the Fair Work Act that promote the interests of employees.

In reaching its decision, the court thoroughly examined the contents of the agreement, considering the balance of power between the employer and the employees, the clarity of the terms, and the compliance with the legal framework. The court determined that the agreement was fair and reasonable, taking into account the specific needs of the industry and the interests of both parties. The court also found that the agreement did not include any illegal or unenforceable provisions and that it aligned with the objectives of the Fair Work Act to provide a fair and effective workplace agreement.

The Fair Work Commission approved the agreement, recognising it as a fair and reasonable document that met the requirements of the Fair Work Act. The approval was based on the court's findings that the agreement was fair and balanced, and that it promoted the interests of both the employer and the employees. The court's decision ensured that the agreement would serve as a valid and enforceable contract between the parties.

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