DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6026)

HOIST TORQUE AUSTRALIA PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JULY 2021

Application for approval of the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (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 23 July 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 the case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024. The application was brought forward to ensure that the agreement, which aimed to regulate the employment terms and conditions of Hoist Torque Australia Pty Ltd employees, met the necessary requirements under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the agreement with statutory provisions designed to protect employee rights and interests.

The primary legal issues the court had to resolve involved whether the enterprise agreement was appropriately made and if it complied with the Fair Work Act’s requirements for good faith bargaining and fairness. The court examined whether the agreement was genuinely negotiated between the employer and the union and if it included appropriate mechanisms for dispute resolution. Additionally, the court considered whether the agreement met the standards of procedural and substantive fairness, ensuring that it did not adversely affect the employees' rights and interests.

The court found that the agreement was genuinely negotiated and met the criteria for good faith bargaining. It concluded that the agreement was fair and balanced, considering the rights and interests of both the employees and the employer. The agreement included provisions for dispute resolution and adhered to the statutory requirements of the Fair Work Act. Consequently, the court approved the Hoist Torque Australia Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024, finding it to be compliant with the necessary legislative standards.

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