Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 3166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3307)

TOWN CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 2 OCTOBER 2023

Application for approval of the Town Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Town Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Town Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2022-2025. The application was heard by the Fair Work Commission. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement, specifically whether these terms complied with the relevant industrial and employment legislation.

The primary legal issues before the Commission were whether the proposed agreement was a "better off overall test" (BOOT) agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. This involved examining the agreement's provisions in terms of wages, conditions, and dispute resolution mechanisms to ensure they met the statutory requirements and provided a fair outcome for the employees.

The Fair Work Commission found that the proposed agreement satisfied the better off overall test. The Commission noted that the agreement provided for fair wages, improved working conditions, and effective dispute resolution mechanisms. The Commission was satisfied that the agreement was in compliance with the Fair Work Act and met the necessary standards for approval. Consequently, the application for approval of the collective agreement was granted.

As a result of the Commission's decision, the Town Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025 was approved, effective from the date of the decision. This decision set a precedent for similar agreements in the industry and provided clarity on the standards required for such agreements to be approved.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established