DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5016)

BORGER CRANE HIRE & RIGGING SERVICES PTY LTD & BORGER CRANE HIRE & RIGGING SERVICES (BTS) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 MAY 2021

Application for approval of the Borger Crane Hire & Rigging Services Pty Ltd & Borger Crane Hire & Rigging Services (BTS) Pty Ltd and CFMEU Union Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Borger Crane Hire & Rigging Services Pty Ltd & Borger Crane Hire & Rigging Services (BTS) Pty Ltd and CFMEU Union Collective Agreement 2019-2022 (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 25 May 2021. The nominal expiry date of the Agreement is 2 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Borger Crane Hire & Rigging Services Pty Ltd, Borger Crane Hire & Rigging Services (BTS) Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application sought to approve the terms and conditions outlined in the CFMEU Union Collective Agreement 2019-2022. The primary dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues the court had to address included whether the agreement complied with the statutory provisions for approval, whether it adhered to the principles of good faith bargaining, and if the terms were fair and reasonable for both the employer and the employees. The court also had to consider whether the agreement appropriately balanced the interests of the employer and the employees, ensuring that it was not unduly restrictive or overly generous.

The Fair Work Commission found that the proposed collective agreement met the criteria for approval. It determined that the agreement was the result of good faith bargaining, and its terms were fair and reasonable. The commission noted that the agreement appropriately balanced the interests of the parties involved and did not contain any terms that were unduly restrictive or overly generous. Consequently, the commission approved the application for the collective agreement.

The final orders of the commission were that the Borger Crane Hire & Rigging Services Pty Ltd & Borger Crane Hire & Rigging Services (BTS) Pty Ltd and CFMEU Union Collective Agreement 2019-2022 be approved and registered under the Fair Work Act 2009. This decision provided clarity and legal certainty regarding the terms and conditions of employment between the parties involved.

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