DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4581)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2019

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the CLARK CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 December 2019 and, in accordance with s 54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the CLARK CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The applicant sought a declaration that the enterprise agreement was approved and registered under the Fair Work Act 2009. The respondents, CLARK CRANES PTY LTD and its director, opposed the application on various grounds including that the agreement did not comply with certain sections of the Act. The court was tasked with determining whether the agreement met the statutory requirements for approval and registration.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary elements as outlined in the Act, including provisions for minimum wages and conditions, and whether it was made in good faith and without coercion. The court also had to consider whether any procedural irregularities during the negotiation process warranted refusal of approval. The central question was whether the agreement was sufficiently comprehensive and adhered to the statutory framework for enterprise agreements.

The court meticulously examined the provisions of the enterprise agreement against the statutory requirements. It found that the agreement contained all necessary elements, including provisions for minimum wages, conditions, and dispute resolution mechanisms. The court was satisfied that the agreement was made in good faith and without coercion. Although there were minor procedural issues during the negotiation process, the court determined that these did not significantly impact the validity of the agreement. Consequently, the court concluded that the agreement met the statutory criteria for approval and registration under the Fair Work Act.

In light of its findings, the court granted the application and declared that the CLARK CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 was approved and registered under the Fair Work Act 2009. The court ordered that the agreement be registered and that the respondents cease any opposition to its implementation.

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