DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6396)

A-GRADE 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 LEE	MELBOURNE, 5 AUGUST 2021

Application for approval of the A-GRADE 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 A-GRADE 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 12 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the A-Grade Crane Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was brought by the union, and the company contested the application. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue the Commission had to resolve was whether the proposed agreement was fair and appropriate in all respects. This involved assessing the agreement against the provisions of the Fair Work Act, including whether it provided for a safety net of minimum wages and conditions, facilitated efficient workplace relations, and promoted high-quality workplace practices. The Commission also had to consider whether the agreement provided for genuine employee participation in its development and if it complied with procedural fairness requirements.

In reaching its decision, the Commission examined the submissions from both parties and considered the overall fairness of the proposed agreement. The Commission found that the agreement was appropriate in all respects, as it provided for minimum wages and conditions, facilitated efficient workplace relations, and promoted high-quality workplace practices. The Commission also noted that the agreement was developed with genuine employee participation and met all procedural fairness requirements. As a result, the Commission approved the enterprise agreement, finding it to be fair and appropriate.

Consequently, the Fair Work Commission approved the A-Grade Crane Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, effective from 1 July 2020 to 30 June 2023. The decision ensures that the agreement is legally binding on the parties and provides a framework for the terms and conditions of employment within the mobile crane hiring industry 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