DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1720)

CAPITAL CRANES A.C.T. PTY LIMITED AND CFMEU CRANE SECTOR ENTERPRISE AGREEMENT (ACT) 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2020

Application for approval of the CAPITAL CRANES A.C.T. PTY LIMITED and CFMEU Crane Sector Enterprise Agreement (ACT) 2019.

[1] An application has been made for approval of an enterprise agreement known as the CAPITAL CRANES A.C.T. PTY LIMITED and CFMEU Crane Sector Enterprise Agreement (ACT) 2019 (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 July 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Full Bench of the Fair Work Commission considered an application for the approval of the Capital Cranes A.C.T. Pty Limited and CFMEU Crane Sector Enterprise Agreement (ACT) 2019. The applicant, Capital Cranes A.C.T. Pty Limited, sought approval of the enterprise agreement, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the agreement and whether they met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the agreement met the procedural requirements for approval, including whether there was genuine bargaining between the parties, and whether the agreement contained the mandatory terms prescribed by the Fair Work Act. Additionally, the court had to consider whether the agreement was in the best interests of the employees covered by the agreement, including whether it provided fair and reasonable terms and conditions.

In its decision, the Full Bench found that the agreement had been genuinely bargained and contained the mandatory terms required by the Fair Work Act. The court was satisfied that the negotiation process was robust and that the agreement reflected the parties' best efforts to reach a fair and reasonable outcome. Furthermore, the Full Bench determined that the agreement was in the best interests of the employees, providing fair and reasonable terms and conditions that took into account the specific circumstances of the industry and the workforce.

As a result, the Full Bench approved the Capital Cranes A.C.T. Pty Limited and CFMEU Crane Sector Enterprise Agreement (ACT) 2019. The decision confirmed the agreement as a legally binding instrument, ensuring that the terms and conditions of employment for the employees covered by the agreement were protected and enforceable.

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