DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/411)

NSW CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MARCH 2019

Application for approval of the NSW Cranes Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NSW Cranes Pty Ltd / CFMEU Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 13 March 2019. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was tasked with approving the NSW Cranes Pty Ltd / CFMEU Collective Agreement 2019. The application for approval was brought forth by the Construction, Forestry, Maritime, Mining and Energy Union, which sought to have the collective agreement recognised and enforced under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the agreement, particularly regarding wages, working conditions, and dispute resolution mechanisms.

The legal issues the court was required to address included whether the collective agreement complied with the Fair Work Act, whether the agreement was made in good faith and without coercion, and whether the agreement met the criteria for being deemed as a modern award. Furthermore, the court needed to consider the potential impact of the agreement on employees, employers, and the broader industry.

The Fair Work Commission meticulously examined the provisions of the agreement, taking into account relevant legislation, precedents, and submissions from both parties. The court determined that the collective agreement was made in good faith, without coercion, and was consistent with the overarching objectives of the Fair Work Act. The agreement was found to adequately address the terms and conditions of employment and provided appropriate mechanisms for dispute resolution. Consequently, the court approved the NSW Cranes Pty Ltd / CFMEU Collective Agreement 2019, ensuring its enforceability under the Fair Work Act.

The Fair Work Commission's decision provided clarity and certainty for both the Construction, Forestry, Maritime, Mining and Energy Union and NSW Cranes Pty Ltd, affirming the importance of collective bargaining in the resolution of workplace disputes. The approval of the agreement underscored the role of the Fair Work Commission in facilitating fair and effective industrial relations practices within the Australian workforce.

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