DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3938)

MAJOR CRANE LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2020

Application for approval of the MAJOR CRANE LOGISTICS PTY LTD 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 MAJOR CRANE LOGISTICS PTY LTD 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 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 6 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Major Crane Logistics Pty Ltd applied to the Fair Work Commission for the approval of a Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023. The application was made under section 231 of the Fair Work Act 2009. The application was made after the parties had been unable to reach an agreement. The CFMEU sought to have the agreement approved as a simple or single interest agreement. The application was opposed by the Association of Consulting Engineers Australia. The association argued that the agreement should not be approved as the agreement failed to meet the requirements of section 230 of the Fair Work Act.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the interests of the employees covered by the agreement and whether it complied with the requirements of section 230. The Commission also considered the relevance of the fact that the parties had been unable to reach an agreement. The association argued that the agreement should not be approved on the basis that it did not meet the requirements of section 230 of the Fair Work Act. The association submitted that the agreement failed to provide appropriate protections for subcontractors and that it did not include provisions for the registration of subcontractors.

The Fair Work Commission found that the agreement met the criteria for approval under section 231 of the Fair Work Act. The Commission determined that the agreement was in the interests of the employees covered by the agreement and that it complied with the requirements of section 230. The Commission found that the agreement provided appropriate protections for subcontractors and that it included provisions for the registration of subcontractors. The Commission also found that the fact that the parties had been unable to reach an agreement was not relevant to the approval of the agreement. The Commission approved the agreement as a single interest agreement.

The Fair Work Commission approved the Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023 as a single interest agreement. The Commission found that the agreement met the criteria for approval under section 231 of the Fair Work Act and that it was in the interests of the employees covered by the agreement. The Commission determined that the agreement complied with the requirements of section 230 of the Fair Work Act and that it provided appropriate protections for subcontractors. The association's opposition to the application was dismissed.

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