DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4384)

MAJOR CRANE LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 NOVEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the MAJOR CRANE LOGISTICS 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). 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 3 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant, and Major Crane Logistics Pty Ltd, the respondent, the Fair Work Commission was called upon to determine the application for approval of the Enterprise Agreement dated 2019 to 2020. The nature of the dispute centred on the terms and conditions of employment outlined in the proposed Enterprise Agreement between Major Crane Logistics Pty Ltd and the union, with particular attention to the fairness and reasonableness of the agreement under the Fair Work Act 2009.

The central legal issues the Commission had to resolve included whether the proposed Enterprise Agreement complied with the statutory requirements for approval, specifically whether it met the 'better off overall test' and was free from any prohibited content. Furthermore, the Commission needed to assess the fairness of the agreement in terms of its implications for employees' working conditions, remuneration, and other employment terms. The union argued that the agreement sufficiently met the statutory requirements, while the respondent contended that certain provisions were overly burdensome and did not adequately reflect the realities of the business.

In its reasoning, the Fair Work Commission examined the provisions of the proposed Enterprise Agreement against the statutory framework. The Commission found that the agreement contained certain terms that were not in compliance with the Act, particularly those that imposed excessive obligations on the employer. Despite these issues, the Commission was satisfied that the overall terms of the agreement were fair and reasonable, and that the employees would be better off overall. Consequently, the Commission approved the Enterprise Agreement with certain modifications to address the non-compliant provisions.

The final orders of the Commission mandated that the Enterprise Agreement be approved with specific amendments to ensure compliance with the Fair Work Act 2009. These amendments were designed to rectify the identified issues while maintaining the core intent of the agreement to provide fair and reasonable terms for the employees of Major Crane Logistics Pty Ltd.

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