Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2643)

VTC ENTERPRISES PTY LTD T/AS ACTUAL CRANES AND RIGGING AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 17 AUGUST 2023

Application for approval of the VTC Enterprises Pty Ltd T/As Actual Cranes and Rigging and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the VTC Enterprises Pty Ltd T/As Actual Cranes and Rigging and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of the VTC Enterprises Pty Ltd T/As Actual Cranes and Rigging and CFMEU Union Collective Agreement 2023-2027. The applicant contended that the agreement was made in good faith and complied with the Fair Work Act 2009. The respondent, VTC Enterprises, did not oppose the application but did not provide a witness statement. The matter was heard by the Fair Work Commission.

The central legal issue was whether the agreement was made in good faith and complied with the Fair Work Act. The Commission considered the principles of good faith bargaining and whether the agreement was reasonably likely to have been made in good faith. The Commission also needed to assess whether the agreement complied with the Act, particularly regarding the provisions that were within the scope of the bargaining.

The Fair Work Commission found that the applicant had discharged the onus of proving that the agreement was made in good faith. The Commission noted that the applicant had provided evidence of the bargaining process, including meetings and negotiations, and had demonstrated that it had engaged in genuine bargaining. The Commission also found that the agreement complied with the Fair Work Act and was reasonably likely to have been made in good faith. The Commission approved the agreement, noting that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the VTC Enterprises Pty Ltd T/As Actual Cranes and Rigging and CFMEU Union Collective Agreement 2023-2027, finding that it was made in good faith and complied with the Fair Work Act. The Commission's decision was based on the evidence provided by the applicant and its finding that the agreement was in the best interests of the employees and the employer. The approval of the agreement provides certainty for both parties and ensures that the terms of employment are fair and reasonable.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established