DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6041)

BROLIC 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
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JULY 2021

Application for approval of the Brolic Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Brolic Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 July 2021 and, in accordance with s 54, will operate from 21 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Brolic Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of their Enterprise Agreement in the Fair Work Commission. The agreement, which was to govern the mobile crane hiring industry in Victoria from 2020 to 2023, was contested on the basis that it did not meet the requirements of the Fair Work Act 2009. The core issues for the Commission to determine were whether the agreement contained the necessary good faith bargaining provisions and if it complied with the requirements for the approval of an enterprise agreement under the Act.

The Commission addressed the issue of good faith bargaining by examining the process through which the agreement was negotiated. The evidence demonstrated that the parties had engaged in a genuine process of negotiation, which included multiple meetings, the exchange of proposals, and the consideration of the other party's interests. The Commission was satisfied that the parties had acted in good faith and thus found that the agreement met this requirement. Regarding compliance with the Act, the Commission reviewed the terms of the agreement against the criteria set out in the legislation. The agreement included provisions for minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms that were consistent with the Act. The Commission concluded that the agreement was fair and reasonable and thus approved it.

The Fair Work Commission approved the Brolic Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The Commission found that the agreement was negotiated in good faith and complied with the requirements of the Fair Work Act 2009. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by 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