DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6515)

CRANE LIFT 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 AUGUST 2021

Application for approval of the CRANE LIFT 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 CRANE LIFT 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 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 matter before the Fair Work Commission involved an application for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, entered into between CRANE LIFT AUSTRALIA PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was submitted for approval under the provisions of the Fair Work Act 2009, which mandates that enterprise agreements be registered with the Fair Work Commission to be legally binding. The union and the employer sought the Commission's approval to formalise the terms of employment for the workers in the mobile crane hiring industry.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it was made in accordance with the processes set out in the Fair Work Act, and whether it contained all the prescribed terms and conditions as stipulated by the legislation. Specifically, the Commission needed to determine if the agreement had been fairly and genuinely negotiated, was free from coercion or undue influence, and included provisions that were fair and reasonable in all respects.

In rendering its decision, the Commission carefully examined the negotiation process, the content of the agreement, and the implications of the terms proposed. The Commission found that the agreement was the product of genuine and fair negotiation between the parties, as evidenced by the documentation and testimonies provided. The terms of the agreement were deemed to be fair and reasonable, meeting the statutory requirements for an enterprise agreement. The Commission also noted that the agreement complied with all legislative prerequisites, including the inclusion of prescribed terms and the absence of any unfair or unreasonable provisions. Consequently, the Commission approved the agreement, recognising it as a legally binding document under the Fair Work Act.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, confirming its compliance with the Fair Work Act and its validity as a binding enterprise agreement. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between CRANE LIFT AUSTRALIA PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the specified period.

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