| [2021] FWCA 4236 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6071)
NOLIMIT CRANES 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, 19 JULY 2021 |
Application for approval of the NOLIMIT CRANES 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 NOLIMIT CRANES 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 26 July 2021. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCA 4236
- Case
- [2021] FWCA 4236
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether the enterprise agreement provided for a proper system for the resolution of workplace issues and whether it promoted harmonious, productive and cooperative workplace relations. The CFMEU argued that the agreement adequately addressed these matters, while NOLIMIT CRANES PTY LTD contended that certain provisions did not meet the statutory requirements. The court had to consider the provisions of the agreement, the evidence presented by both parties, and the principles established in previous case law.
Commissioner Whybrow found that the enterprise agreement, while generally comprehensive, did not adequately address certain issues. Notably, the agreement did not provide a clear and effective system for the resolution of workplace issues, nor did it sufficiently promote harmonious, productive and cooperative workplace relations. The Commissioner also found that some provisions were not consistent with the principles established in previous case law. As a result, the application for approval was dismissed. The Commissioner provided detailed reasons for the dismissal and identified specific areas where the agreement needed improvement.
The final orders of the Commission were that the application for approval of the enterprise agreement was dismissed. The Commission directed the parties to work towards resolving the issues identified in the decision and to submit a revised agreement for approval once those issues had been addressed. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements and provide for the proper resolution of workplace issues and the promotion of harmonious, productive and cooperative workplace relations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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