DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6194)

WGC CRANE GROUP PTY LTD (SMEATON GRANGE DEPOT) / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the WGC Crane Group Pty Ltd (Smeaton Grange Depot) / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WGC Crane Group Pty Ltd (Smeaton Grange Depot) / CFMEU Collective Agreement 2018 (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, 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 3 December 2018. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and WGC Crane Group Pty Ltd. The dispute centred on the approval of the CFMEU Collective Agreement 2018, which was intended to govern the employment conditions of workers at the Smeaton Grange Depot. The Fair Work Commission was the tribunal that presided over the matter.

The central legal issue was whether the proposed agreement complied with the Fair Work Act 2009, particularly with respect to its provisions and whether it met the requirements for an enterprise agreement. The court needed to consider whether the agreement was made in good faith, whether it provided for proper consultation, and whether it was free from prohibited content. The court also had to examine if the agreement adequately covered all the necessary matters, including minimum entitlements and other terms and conditions of employment.

In its reasoning, the Fair Work Commission acknowledged that the CFMEU and WGC Crane Group Pty Ltd had made a genuine attempt to reach an agreement. The Commission found that the proposed agreement was largely in compliance with the statutory requirements, despite some minor technical issues that were identified. The Commission concluded that the parties had engaged in good faith negotiations and had made reasonable efforts to reach a consensus. After addressing and resolving the technical issues, the Commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act.

The final order of the Fair Work Commission was the approval of the CFMEU Collective Agreement 2018, subject to the resolution of the minor technical issues previously identified. The agreement was to be implemented as a legally binding enterprise agreement between the CFMEU and WGC Crane Group Pty Ltd.

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