Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2547)

LIEBHERR TOWER CRANES AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 10 AUGUST 2023

Application for approval of the Liebherr Tower Cranes and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Liebherr Tower Cranes and CFMEU Union Collective Agreement 2023–2027 (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.

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.

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 17 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 matter before the court involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Liebherr Tower Cranes. The dispute centred around the terms and conditions outlined in the proposed collective agreement for the period of 2023 to 2027. The Fair Work Commission (FWC) was the court that heard and decided on this matter.

The primary legal issues that the court needed to determine were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and if the agreement provided fair and reasonable terms for both the employees and the employer. Specifically, the court had to ensure that the agreement did not contain any provisions that would be detrimental to the employees or that would unfairly benefit the employer.

The FWC found that the proposed agreement complied with the statutory requirements and provided fair and reasonable terms for both parties. The court was satisfied that the agreement did not contain any provisions that would cause detriment to the employees or unfairly benefit the employer. The FWC considered the economic and social context in which the agreement was negotiated and concluded that the agreement reflected a fair balance of interests for both parties. The court granted approval for the collective agreement, which will now be in effect for the period of 2023 to 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established