DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3930)

ARN CRANES PTY LTD AND CFMEU CRANE SECTOR ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 DECEMBER 2020

Application for approval of the ARN Cranes Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the ARN Cranes Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that 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 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(1) of the Act, will operate from 7 January 2021. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the ARN Cranes Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020. The applicant union argued that the agreement contained appropriate provisions for the regulation of employment within the specified sector. The dispute centred on whether the enterprise agreement met the necessary standards and requirements under the Fair Work Act 2009, particularly focusing on the provisions concerning minimum rates of pay, penalty rates, and conditions of employment.

The legal issues that the Fair Work Commission had to determine included whether the agreement provided for a fair and reasonable set of minimum terms and conditions, and if it appropriately balanced the interests of both employers and employees. The Commission also examined whether the agreement adequately addressed the specific needs of the crane sector and whether it complied with the statutory provisions of the Fair Work Act. This included ensuring that the agreement did not undermine the safety and wellbeing of employees, and that it provided for proper dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the enterprise agreement met the statutory requirements set out in the Fair Work Act. The Commission considered the detailed provisions of the agreement, the submissions from both the union and the employer, and the broader context of the crane sector. It concluded that the agreement provided for fair and reasonable terms that addressed the needs of both parties and did not adversely affect the safety and wellbeing of employees. The Commission approved the agreement, finding that it appropriately balanced the interests of employers and employees and provided adequate protections and benefits within the industry.

The Fair Work Commission ordered the approval of the ARN Cranes Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020, effective from the date of the decision. The agreement was deemed to be a suitable framework for the regulation of employment in the specified sector, meeting all necessary legal and practical requirements 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