Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2577)

VAMP CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 AUGUST 2023

Application for approval of the VAMP CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the VAMP CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 July 2023 and the Agreement was made on 31 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the VAMP CRANES PTY LTD and CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission, the body responsible for regulating and approving enterprise agreements under the Fair Work Act 2009. The union sought approval for the agreement to ensure that the terms and conditions of employment for subcontractors in the tower crane rigging industry were fairly negotiated and adhered to.

The legal issues before the Commission were primarily concerned with whether the agreement met the statutory requirements for approval under the Fair Work Act. Key issues included whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether the agreement had been properly certified by the relevant union. The Commission also considered whether the agreement was likely to achieve its stated objectives of providing fair and reasonable terms and conditions for employees, and whether it complied with any relevant national employment standards.

The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The union had provided evidence of proper consultation and negotiation processes, and the agreement had been certified by the union as representing the interests of the employees. The Commission also determined that the agreement was likely to achieve its objectives and did not contain any terms that would be detrimental to the employees. After considering all the evidence and submissions, the Commission approved the agreement, noting its positive impact on the employees' terms and conditions.

As a result of the decision, the VAMP CRANES PTY LTD and CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023 was approved and is now in effect. The agreement will govern the employment terms and conditions for subcontractors in the tower crane rigging industry, providing a framework for fair and reasonable working conditions in the sector. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements and are made in good faith, with proper consultation and negotiation processes.

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