DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1463)

EVERWILLING TOWER CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 JUNE 2020

Application for approval of the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 12 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Everwilling Tower Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The application was made to the Fair Work Commission, an Australian federal workplace relations tribunal. The CFMEU sought to have the agreement approved under the Fair Work Act 2009, which mandates that certain agreements be approved if they meet specific criteria. The legal issues before the Commission centred on whether the agreement complied with the requirements set forth in the Act and whether it contained any provisions that might undermine the public interest or be detrimental to the employees' rights and protections.

The Commission examined the agreement clause by clause, assessing its compliance with the statutory criteria and considering any potential adverse effects on employees' rights. The Court noted that the agreement was generally well-structured and aligned with the legislative framework, but raised concerns about certain provisions that appeared to limit the rights of employees in specific circumstances. The Commission found that while the majority of the agreement was beneficial and fair, the problematic clauses could potentially undermine employee protections. Consequently, the Court ordered modifications to these clauses to ensure they did not conflict with the statutory requirements or the public interest.

Ultimately, the Commission approved the agreement with the specified modifications, ensuring that it met all necessary legal standards and safeguarded employees' rights. The approved agreement now serves as a binding framework governing the employment terms between Everwilling Tower Cranes Pty Ltd and the CFMEU for the stipulated period. The Court's decision highlights the importance of thorough scrutiny of collective agreements to balance the interests of employers and employees while upholding statutory obligations.

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