DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3654)

PERFORMANCE CRANES & RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	SYDNEY, 30 AUGUST 2018

Application for approval of the Performance Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Performance Cranes & Rigging Pty Ltd / 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, 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 6 September 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 applied for approval of a collective agreement with Performance Cranes & Rigging Pty Ltd. The agreement, dated 2018, was the subject of a dispute between the parties regarding its terms and its compliance with relevant industrial laws. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The central legal issue before the Commission was whether the collective agreement complied with the requirements set out in the Fair Work Act, particularly regarding the process by which it was negotiated and its substantive terms. The Union argued that the agreement was fairly negotiated and reflected the terms agreed upon by the parties. Performance Cranes & Rigging Pty Ltd, on the other hand, contested the fairness of the negotiation process and questioned the reasonableness of certain clauses within the agreement.

The Commission examined the negotiation process and the substantive terms of the agreement. It found that the negotiation process had been conducted in good faith and that the agreement was a product of genuine collective bargaining. The Commission also considered the reasonableness of the agreement's provisions, taking into account factors such as industry standards, fairness, and the specific circumstances of the employer and employees. Based on its findings, the Commission concluded that the agreement was fair and appropriate for approval.

The Commission approved the collective agreement, confirming that it met the legal standards required for registration under the Fair Work Act. The decision was made on the basis that the agreement was the product of a fair negotiation process and contained terms that were reasonable in the circumstances.

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