DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5735)

JOHNSON & YOUNG CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Business equipment industry
COMMISSIONER JOHNS	SYDNEY, 2 JULY 2021

Application for approval of the JOHNSON & YOUNG CRANES 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 JOHNSON & YOUNG CRANES 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 9 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 sought approval of the JOHNSON & YOUNG CRANES and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement was between the employer, Johnson & Young Cranes, and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the proposed agreement was in the best interests of the employees and met the requirements of the Fair Work Act 2009. The employer contested the agreement on several grounds, including that it did not meet the requirements of the Fair Work Act and that certain provisions were not in the best interests of the employees.

The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved considering whether the agreement had been made in good faith, whether it provided for the protection of employees' interests, and whether it met the requirements for registration and approval. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with any relevant industrial instruments or legislation.

The Fair Work Commission found that the proposed agreement met the criteria for approval under the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and provided for the protection of employees' interests. The Commission also found that the agreement met the requirements for registration and approval and was in the best interests of the employees. The Commission concluded that the agreement should be approved and registered, subject to certain modifications to ensure compliance with relevant industrial instruments and legislation.

The Fair Work Commission approved the proposed agreement, subject to certain modifications. The modifications related to the calculation of penalty rates for public holidays and the definition of "work" in the agreement. The Commission also made an order that the agreement be registered with the Fair Work Commission and that it would be in effect from 1 July 2020 until 30 June 2023.

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