DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/314)

METCALF CRANE SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 FEBRUARY 2021

Application for approval of the Metcalf Crane Services Pty Ltd and CFMEU Union Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Metcalf Crane Services Pty Ltd and CFMEU Union Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 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 matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Metcalf Crane Services Pty Ltd and CFMEU Union Collective Agreement 2019-2022. The application was heard in the Fair Work Commission, where the union sought to have the collective agreement registered under the Fair Work Act 2009. The nature of the dispute was whether the collective agreement met the criteria for registration, particularly focusing on the agreement's compliance with the requirements of the Act.

The legal issues that the court had to decide centred around whether the collective agreement complied with the provisions of the Fair Work Act, including whether it adhered to the good faith bargaining principles, and whether it met the specific requirements for registration such as not being detrimental to the employees. Additionally, the court examined if the agreement appropriately balanced the interests of the employer and the employees, and whether it provided adequate protection against anti-union discrimination.

The Fair Work Commission deliberated on the provisions of the collective agreement and assessed its compliance with the legislative framework. The court found that the agreement did not contain any provisions that were detrimental to employees and that it adequately protected against anti-union discrimination. It was determined that the agreement was the product of good faith bargaining, and it balanced the interests of both the employer and the employees. Consequently, the court approved the collective agreement, confirming its compliance with the statutory requirements and its registration under 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