DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6197)

WGC CRANE GROUP PTY LTD (UNANDERRA 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 (Unanderra 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 (Unanderra Depot) / CFMEU Collective Agreement 2018

[2] (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.

[3] 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.

[4] 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.

[5] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the WGC Crane Group Pty Ltd. The specific site in question was the Unanderra Depot. The application was brought under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission to ensure they meet minimum standards and do not undermine the core rights of employees.

The central legal issue the Commission had to address was whether the collective agreement in question complied with the statutory requirements of the Fair Work Act. This included an assessment of whether the agreement provided for minimum terms and conditions that were no less favourable than the applicable national system awards and whether it contained terms that were consistent with the Act's purpose of facilitating cooperative and productive workplace relations. The Commission also had to consider whether the agreement was genuinely negotiated and not the result of coercion or undue influence.

The Fair Work Commission, after examining the contents of the collective agreement and the evidence presented by both parties, found that the agreement met the necessary criteria. The Commission noted that the agreement provided for terms and conditions that were no less favourable than the relevant national awards and contained provisions that were consistent with the overarching objectives of the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated, with both parties demonstrating a willingness to engage in good faith. Consequently, the Commission approved the collective agreement as compliant with the statutory requirements.

The final orders of the Commission included the approval of the WGC Crane Group Pty Ltd (Unanderra Depot) / CFMEU Collective Agreement 2018, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees at the Unanderra Depot, subject to the provisions of the Fair Work Act.

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