DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6076)

AUSSIE LIFT & SHIFT (MLB) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 JULY 2021

Application for approval of the AUSSIE LIFT & SHIFT (MLB) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the AUSSIE LIFT & SHIFT (MLB) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 26 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Aussie Lift & Shift (MLB) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023. The dispute arose from the parties' negotiations regarding the terms and conditions of employment for mast climbing access equipment operators employed by subcontractors in the construction industry. The CFMEU sought to have the agreement registered under the Fair Work Act 2009, which requires that agreements meet certain criteria, including that they are free from provisions that are contrary to public policy or contain sham arrangements.

The legal issues before the Commission included whether the agreement was a genuine agreement between the parties and whether it contained any provisions that were contrary to public policy or sham arrangements. The Commission had to consider the evidence provided by the parties and determine whether the agreement met the statutory requirements for registration.

The Commission found that the agreement was a genuine agreement between the parties and that it did not contain any provisions that were contrary to public policy or sham arrangements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for mast climbing access equipment operators, including provisions for minimum rates of pay, leave entitlements, and other benefits. The Commission also found that the agreement did not contain any provisions that would undermine the rights of employees or the collective bargaining process.

As a result, the Commission approved the agreement and registered it under the Fair Work Act 2009. The agreement will now apply to mast climbing access equipment operators employed by subcontractors in the construction industry in Victoria and will remain in effect until 30 June 2023, unless terminated earlier in accordance with the agreement or the Fair Work Act 2009.

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