DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2765)

GLOBAL CRANES PTY LTD (ORANGE DEPOT) / CFMEU COLLECTIVE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the Global Cranes Pty Ltd (Orange Depot) / CFMEU Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Global Cranes Pty Ltd (Orange Depot) / CFMEU Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 02 October 2020. The nominal expiry date of the Agreement is 25 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Global Cranes Pty Ltd for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The agreement pertained to employees at Global Cranes' Orange Depot, and the union sought to ensure that the terms and conditions of employment were fair and equitable for its members. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the provisions of the Act, particularly sections relating to the procedural fairness of the agreement-making process and the substantive terms of the agreement. The Commission had to assess whether the union had followed proper procedures in negotiating the agreement and whether the terms themselves were consistent with the objectives of the Act, which include promoting harmonious, productive and cooperative workplace relations. Additionally, the Commission considered whether the agreement provided appropriate protections and benefits for the employees.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. It found that the union had acted in accordance with the procedural requirements, having engaged in good faith negotiations with the employer. The Commission also concluded that the terms of the agreement were fair and reasonable, providing appropriate protections for the employees while also accommodating the employer's operational needs. The Commission was satisfied that the agreement achieved a balance between the interests of the employees and the employer, and thus approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the Global Cranes Pty Ltd (Orange Depot) / CFMEU Collective Agreement 2020. The Commission's decision confirmed that the agreement met the legal standards for approval under the Fair Work Act 2009 and would now apply to the employees at the Orange Depot.

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