DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4595)

MELBOURNE TOWER CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 DECEMBER 2019

Application for approval of the MELBOURNE TOWER CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of a greenfields agreement known as the MELBOURNE TOWER CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 18 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between Melbourne Tower Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The application was brought before the Fair Work Commission, the Australian federal workplace relations tribunal. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and equitable, while Melbourne Tower Cranes Pty Ltd contended that certain provisions were unreasonable.

The legal issues before the Commission included whether the agreement complied with the procedural fairness requirements, whether the agreement was genuinely bargained, and whether it contained terms that were unfair or unreasonable. The Commission had to consider whether the agreement met the "better off overall test" which requires that employees be no worse off financially and have some additional benefits. Additionally, the Commission had to assess the fairness of specific provisions, such as those relating to wages, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement was procedurally fair and had been genuinely bargained. It concluded that the agreement met the better off overall test, with employees receiving additional benefits in terms of wages and working conditions. The Commission also found that the majority of the provisions were fair and reasonable, although it made minor modifications to some terms to address specific concerns. Ultimately, the Commission approved the enterprise agreement, subject to the modifications, finding it to be fair and reasonable for the purposes of the Act.

The Fair Work Commission approved the enterprise agreement with certain modifications, thereby resolving the dispute between Melbourne Tower Cranes Pty Ltd and the CFMEU.

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