| [2023] FWCA 2095 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/2152)
BASSMID CAPITAL HOLDINGS PTY LTD T'AS PROJECT CRANES AND RIGGING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 10 JULY 2023 |
Application for approval of the BASSMID CAPITAL HOLDINGS PTY LTD T/As PROJECT CRANES AND RIGGING and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the BASSMID CAPITAL HOLDINGS PTY LTD T/As PROJECT CRANES AND RIGGING and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (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 July 2023. The nominal expiry date of the Agreement is 31 December 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 2095
- Case
- [2023] FWCA 2095
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission also needed to determine if the agreement appropriately balanced the interests of employers and employees and if it met the standards of procedural fairness.
The Fair Work Commission, in its decision, found that the agreement was made in good faith and contained all the required minimum terms and conditions as outlined in the Fair Work Act 2009. The Commission further concluded that the agreement appropriately balanced the interests of both employers and employees and that the process leading to its formation met the standards of procedural fairness. Consequently, the Commission approved the enterprise agreement.
The Fair Work Commission approved the BASSMID CAPITAL HOLDINGS PTY LTD T/As PROJECT CRANES AND RIGGING and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. This decision was made on the basis that the agreement was made in good faith, contained all necessary minimum terms and conditions, and met the standards of procedural fairness. The approval of the agreement will now govern the employment conditions in the mobile crane hiring industry within Victoria.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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