DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/224)

GC CRANE HIRE ATF GA CAELLI DISCRESTIONARY TRUST TAS GENERAL CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the GC CRANE HIRE ATF GA CAELLI DISCRESTIONARY TRUST Tas GENERAL CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the GC CRANE HIRE ATF GA CAELLI DISCRESTIONARY TRUST Tas GENERAL CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the GC Crane Hire ATF Ga Caelli Discretionary Trust and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was before the Fair Work Commission, which was asked to approve the Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023. The agreement, if approved, would govern the employment terms and conditions for subcontractors working with tower cranes under the specified entity. The CFMEU sought approval for the agreement, while GC Crane Hire opposed it on certain grounds. The legal issues the court needed to decide were primarily focused on whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" for the employees.

The court examined whether the agreement provided fair and reasonable terms for the employees and whether it complied with the statutory requirements outlined in the Fair Work Act. This involved assessing the provisions of the agreement against the legal standards, including the protection of employees' rights and the promotion of fair work practices. The court also considered the arguments presented by both parties, particularly the employer's concerns about the enforceability and practicality of certain clauses within the agreement. The court needed to balance the rights and obligations of both the employer and the employees, ensuring that the agreement was fair and met the necessary legal standards.

In its decision, the court found that the proposed agreement met the statutory requirements and passed the better off overall test. The court determined that the agreement provided fair and reasonable terms for the employees and that it complied with the relevant provisions of the Fair Work Act. The court was satisfied that the agreement was in the best interests of the employees and that it provided a fair and equitable outcome. The court approved the Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023, allowing it to come into effect and govern the employment terms and conditions for the specified employees.

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