DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1686)

CRANE CONTRACTORS GROUP / CFMEU COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 4 SEPTEMBER 2020

Application for approval of the Crane Contractors Group / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for the approval of an enterprise agreement known as the Crane Contractors Group / CFMEU Collective Agreement 2019 - 2022 (‘the Agreement’). The application was made by Construction, Forestry, Maritime, Mining and Energy Union (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (“the CFMMEU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CFMMEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the recent case of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was presented with an application for the approval of a collective agreement between the Crane Contractors Group and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2019 to 2022. The central issue was whether the proposed terms and conditions of employment within the agreement were fair and reasonable, taking into account the principles of contemporary awards and the need for a fair balance between the rights and obligations of both employers and employees.

The legal issues that the Commission had to address included whether the agreement complied with the Fair Work Act, specifically sections that require agreements to provide for a fair and reasonable balance between the rights and obligations of employers and employees. Additionally, the Commission considered whether the agreement met the requirement of being in the best interests of the employees it covered, and whether it contained provisions that were in line with contemporary standards of employment conditions.

The Commission found that the agreement was fair and reasonable, as it provided for a balance of rights and obligations that was in line with the principles of contemporary awards. The Commission noted that the agreement included provisions for minimum wages, penalty rates, and conditions such as leave entitlements that were consistent with the applicable awards. Furthermore, the agreement contained mechanisms for dispute resolution and provided for the rights of employees to be protected in a manner that was fair and reasonable. The Commission was satisfied that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act.

Consequently, the Fair Work Commission approved the proposed collective agreement, setting out the terms and conditions of employment for the specified period. The approval ensures that the agreement is legally binding on the parties and provides a framework for the resolution of any future disputes.

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