DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3909)

BSF MOBILE CRANES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 OCTOBER 2019

Application for approval of the BSF Mobile Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the BSF Mobile Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and BSF Mobile Cranes Pty Ltd. The dispute arose from the application for approval of a collective agreement between the parties for the period 2019-2022. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue the court had to address was whether the terms of the collective agreement complied with the Fair Work Act 2009. This involved scrutinising various clauses to ensure they adhered to the statutory framework governing industrial relations in Australia. The court needed to determine if the agreement was fair and reasonable and if it complied with the procedural requirements for its approval.

The court conducted a detailed analysis of the collective agreement, examining each clause to ensure it met the criteria set out in the Fair Work Act. It assessed the fairness of the terms, the procedural fairness of the agreement's formation, and the compliance with statutory obligations. After thorough consideration, the court found that the agreement was fair and reasonable and complied with the procedural requirements. Consequently, the court approved the collective agreement.

The final orders of the court included the approval of the collective agreement between BSF Mobile Cranes Pty Ltd and the CFMEU for the period 2019-2022. This decision provided legal certainty to the parties, allowing them to proceed with the terms of the agreement. The court's approval was based on the comprehensive examination of the agreement's terms and its compliance with the statutory framework.

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