DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/443)

SSA CRANES & RIGGING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the SSA Cranes & Rigging Pty Ltd and CFMEU Union Collective Agreement 2018 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the SSA Cranes & Rigging Pty Ltd and CFMEU Union Collective Agreement 2018 - 2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.1 – Casual Employment

However, noting clause 2 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2019. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between the SSA Cranes & Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought to the Fair Work Commission, with the primary focus on ensuring that the proposed agreement complied with the relevant legislative framework and did not contravene any provisions of the Fair Work Act 2009. The dispute centred around various terms and conditions of employment that were to be incorporated into the collective agreement for the specified period.

The legal issues the court was required to decide included whether the terms of the collective agreement were consistent with the provisions of the Fair Work Act, particularly in relation to minimum wage rates, penalty rates, and other employment conditions. The court also had to consider if the agreement provided for appropriate dispute resolution mechanisms and whether it complied with the requirements for public notification and potential objections from other parties. The central question was whether the agreement, as proposed, could be approved and registered without any modifications.

In reaching its decision, the court examined the specific terms of the collective agreement in detail, comparing them against the statutory standards set by the Fair Work Act. The court found that the majority of the terms in the agreement were consistent with the legislative requirements and did not contravene any provisions of the Act. The court highlighted that the agreement included appropriate dispute resolution mechanisms and that the process for public notification had been followed correctly. Consequently, the court approved the collective agreement, finding that it met all necessary legal criteria for registration.

The court ordered that the SSA Cranes & Rigging Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved and registered as per the terms submitted in the application. The court's decision was based on the finding that the agreement complied with the Fair Work Act and did not contain any terms that were unlawful or inconsistent with the statutory standards.

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