DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5904)

MAJOR CRANE LOGISTICS 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 MASSON	MELBOURNE, 12 JULY 2021

Application for approval of the MAJOR CRANE LOGISTICS 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 MAJOR CRANE LOGISTICS 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The applicant, Major Crane Logistics Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), Victorian Construction and General Division. The dispute centred around the terms of the proposed Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission, an Australian federal statutory court with jurisdiction over workplace relations matters.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically sections concerning the process for making an enterprise agreement and the provisions ensuring the agreement does not adversely affect employees' wages and conditions. The Commission had to determine if the agreement had been made "in accordance with the law", which includes ensuring the agreement was made free from any improper conduct or coercion, and if it provided for fair and reasonable terms and conditions.

The Commission found that the agreement was made in compliance with the relevant sections of the Act. The process for making the agreement was deemed to be fair and transparent, with no evidence of improper conduct or coercion. The Commission also considered the terms and conditions of the agreement, finding that they were fair and reasonable. The applicant demonstrated that the agreement provided for better terms and conditions than those provided for in the applicable award, and the union's objections to specific provisions were not substantiated. The Commission approved the proposed agreement, finding it to be in accordance with the law.

The Fair Work Commission approved the Major Crane Logistics 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 made in accordance with the law and provided for fair and reasonable terms and conditions. The applicant and the union are now bound by the terms of the approved agreement for the specified period.

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