Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 6251

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5005)

Two Way Cranes Group / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 9 OCTOBER 2018

Application for approval of the Two Way Cranes Group / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Two Way Cranes Group / 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.

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 16 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Two Way Cranes Group / CFMEU Collective Agreement 2018. The agreement was made between the CFMEU and Two Way Cranes Group, a company involved in the crane hire industry. The union sought the approval of this agreement under the Fair Work Act 2009 to ensure its provisions were legally enforceable.

The primary legal issues before the Commission involved assessing whether the agreement met the requirements of the Fair Work Act. This included examining whether the agreement was made in good faith and whether it contained appropriate provisions regarding the terms and conditions of employment, including wages and other benefits. The Commission also had to consider whether the agreement adhered to the principles of enterprise bargaining and if it was likely to result in improved workplace relations.

The Commission found that the agreement was made in good faith and was in line with the principles of enterprise bargaining. It determined that the terms and conditions outlined in the agreement were fair and reasonable. The Commission noted that the agreement provided for adequate wage increases and other benefits for employees, and it believed that these provisions would lead to improved industrial relations between the parties. Based on these findings, the Commission approved the agreement, confirming its enforceability under the Fair Work Act.

The Fair Work Commission approved the Two Way Cranes Group / CFMEU Collective Agreement 2018, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding and can be enforced by both parties. The decision highlights the importance of good faith bargaining and adherence to the principles of enterprise bargaining in the collective agreement process.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established