DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4979)

HI-REACH RENTALS GOLD COAST PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MAY 2021

Application for approval of the Hi-Reach Rentals Gold Coast Pty ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Hi-Reach Rentals Gold Coast Pty ltd and CFMEU Union Collective Agreement 2020-2022 (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 24 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of a collective agreement between Hi-Reach Rentals Gold Coast Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission (FWC). The CFMEU sought approval of the collective agreement for the period of 2020 to 2022, which outlined terms and conditions of employment for workers in the hire of plant and equipment sector in Queensland. The legal issues before the Commission were whether the agreement provided for the best possible terms and conditions for the employees, and whether the agreement was consistent with the relevant provisions of the Fair Work Act 2009.

In assessing the application, the FWC examined the provisions of the agreement and the evidence presented by both parties. The Commission noted that the agreement contained provisions that were generally consistent with industry standards and practices, and that the CFMEU had demonstrated a good faith effort to negotiate with the employer. The FWC found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was consistent with the objectives of the Fair Work Act. The Commission also noted that the agreement provided for a streamlined process for resolving disputes, which was in the best interests of both parties.

The FWC approved the collective agreement, subject to certain conditions and modifications. The Commission made several orders to ensure that the agreement complied with the Fair Work Act, including an order that the agreement be amended to provide for a clear process for resolving disputes. The FWC also ordered that the agreement be registered with the Fair Work Commission, and that it be published on the Commission's website. The CFMEU and Hi-Reach Rentals Gold Coast Pty Ltd were directed to take all necessary steps to give effect to the approved agreement, and to comply with the conditions and modifications imposed by the Commission. Overall, the FWC found that the agreement provided for fair and reasonable terms and conditions for employees, and that it was consistent with the objectives of the Fair Work Act.

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