DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6516)

CRANE LIFT EMPLOYMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 AUGUST 2021

Application for approval of the CRANE LIFT EMPLOYMENT 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 CRANE LIFT EMPLOYMENT 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 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the CRANE LIFT EMPLOYMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission in Australia, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues at hand centred around whether the enterprise agreement provided fair and reasonable terms and conditions for the employees covered by it, and whether it complied with the statutory requirements set out in the Fair Work Act. The court had to assess whether the agreement provided for a fair and efficient bargaining process, whether it complied with the good faith obligations, and whether it contained provisions that were contrary to public policy or were otherwise invalid.

In its decision, the Fair Work Commission determined that the enterprise agreement was fair and reasonable, and met all the statutory requirements for approval. The Commission found that the agreement provided for a fair and efficient bargaining process, and that it complied with the good faith obligations. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or were otherwise invalid. The Commission approved the enterprise agreement, stating that it provided for fair and reasonable terms and conditions for the employees covered by it.

The Fair Work Commission ordered that the CRANE LIFT EMPLOYMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act. The agreement will now be in effect for the period of 2020-2023, and will govern the terms and conditions of employment for the employees covered by it.

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