DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6297)

SOLUTION HOIST HIRE PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JULY 2021

Application for approval of the Solution Hoist Hire Pty Limited / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Solution Hoist Hire Pty Limited / CFMEU Collective Agreement 2019-2023 (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 6 August 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Solution Hoist Hire Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) were before the Fair Work Commission, seeking approval of a collective agreement. The agreement in question was proposed to cover the period from 2019 to 2023 and aimed to regulate various employment terms and conditions between the employer and the union. The dispute centred on whether the proposed collective agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The court had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement was a good faith bargain, whether it contained only matters that are bargainable, and whether it complied with the provisions of the Act that govern the content and scope of collective agreements. The court also needed to consider whether the agreement provided adequate protections for employees and whether it adhered to the principles of enterprise bargaining.

The Fair Work Commission found that the collective agreement did indeed comply with the statutory requirements. The agreement was deemed to be a genuine and good faith attempt by both parties to reach a mutually acceptable arrangement. The content of the agreement was considered appropriate and within the scope of matters that could be included in a collective agreement. The court found that the agreement provided sufficient protections for employees and did not contravene any provisions of the Fair Work Act. As such, the court approved the collective agreement for the specified period.

In light of the court's findings, the Fair Work Commission approved the Solution Hoist Hire Pty Limited / CFMEU Collective Agreement 2019-2023. The agreement was endorsed as compliant with the Fair Work Act and was thus approved for implementation. The approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the union for the duration of the agreement.

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