Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2339)

KEPPEL PRINCE ENGINEERING ENTERPRISE AGREEMENT 2023 FOR CRANE DIVISION - MAINTENANCE, MANUFACTURING, INSTALLATION & SERVICE INDUSTRY

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 31 JULY 2023

Application for approval of the Keppel Prince Engineering Enterprise Agreement 2023 for Crane Division - Maintenance, Manufacturing, Installation & Service Industry

An application has been made for approval of an enterprise agreement known as the Keppel Prince Engineering Enterprise Agreement 2023 for Crane Division – Maintenance, Manufacturing, Installation & Service Industry (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

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

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Keppel Prince Engineering Enterprise Agreement 2023 for the Crane Division, which operates within the Maintenance, Manufacturing, Installation & Service Industry. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged the application on behalf of its members employed by Keppel Prince Engineering. The primary dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly regarding its compliance with the statutory requirements for enterprise agreements.

The legal issues the court needed to decide included whether the agreement provided for a fair and efficient bargaining process, whether it covered all employees and employers within the designated bargaining unit, and whether it included all necessary provisions as stipulated by the Fair Work Act. A significant aspect of the evaluation was determining if the agreement included appropriate dispute resolution mechanisms and if it provided for a minimum rate of pay and conditions that were at least equal to the relevant award or registered agreement. Additionally, the court examined whether the agreement was free from any provisions that could undermine the general protections afforded to employees under the Act.

The Fair Work Commission, after thorough consideration, found that the proposed agreement met all the necessary criteria for approval. The court was satisfied that the agreement provided for a fair and efficient bargaining process and adequately covered all relevant employees and employers within the specified bargaining unit. The agreement included comprehensive provisions for minimum rates of pay and conditions, ensuring they were at least equal to the relevant award or registered agreement. Furthermore, the Commission was satisfied that the agreement contained appropriate dispute resolution mechanisms and did not include any provisions that undermined the general protections afforded to employees under the Fair Work Act.

As a result of this determination, the Fair Work Commission approved the Keppel Prince Engineering Enterprise Agreement 2023 for the Crane Division. The agreement was deemed to be compliant with all statutory requirements and would now serve as the governing industrial instrument for the employees and employers within the specified bargaining unit.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established