DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6543)

PREMIER 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
COMMISSIONER JOHNS	SYDNEY, 16 AUGUST 2021

Application for approval of the PREMIER 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 PREMIER 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 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 23 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 Premier Cranes & Rigging Pty Ltd, the two parties involved in the dispute, sought approval of their enterprise agreement from the Fair Work Commission. The agreement, which covered the mobile crane hiring industry, was for the period 2020-2023. The dispute was brought before the Fair Work Commission, which is Australia's workplace relations tribunal. The primary legal issues the court had to resolve were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement. Specifically, the court needed to determine if the agreement contained all the required terms and conditions, whether it provided for a fair and reasonable rate of pay, and if it adequately protected the rights of employees.

The court considered the provisions of the Fair Work Act and previous case law to assess the agreement. It examined the procedural fairness of the bargaining process and the content of the agreement. The court found that the agreement was made in good faith and that all necessary procedural steps had been followed. The agreement included terms on wages, hours of work, leave, and other employment conditions. The court also considered whether the agreement provided fair and reasonable compensation, taking into account industry benchmarks and the economic context. It found that the agreement offered a fair and reasonable rate of pay and that it adequately protected the rights of employees.

In conclusion, the Fair Work Commission approved the Premier Cranes & Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The court found that the agreement met all the necessary requirements under the Fair Work Act and was in the best interests of the employees. The decision provides a precedent for future enterprise agreements in the mobile crane hiring industry, ensuring that they are fair, reasonable, and in line with the law.

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