DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1420)

BORGER CRANE HIRE & RIGGING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MAY 2018

Application for approval of the Borger Crane Hire & Rigging Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Borger Crane Hire & Rigging Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 May 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of the Borger Crane Hire & Rigging Services Pty Ltd / CFMEU Collective Agreement 2018 with the Fair Work Commission (FWC). Borger Crane Hire & Rigging Services Pty Ltd is a company operating in the crane hire and rigging services sector, and the CFMEU is a trade union representing workers in various industries, including construction and maritime. The dispute centred around the terms and conditions outlined in the collective agreement, including wages, working hours, and other employment-related matters. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the FWC were whether the collective agreement complied with the relevant provisions of the Fair Work Act, including the requirements for good faith bargaining and the avoidance of industrial action. Additionally, the FWC had to consider whether the agreement provided for a fair and equitable resolution of the employment terms between the parties. The FWC examined the bargaining process, the content of the agreement, and whether it adhered to the statutory requirements for approval. The CFMEU argued that the agreement was the result of genuine negotiations and fairly represented the interests of the employees, while Borger Crane Hire & Rigging Services Pty Ltd contended that certain provisions of the agreement were unreasonable and not reflective of a good faith bargaining process.

In its decision, the FWC found that the collective agreement met the statutory requirements for approval. The FWC noted that the bargaining process appeared to be conducted in good faith, and the terms of the agreement were fair and reasonable. The FWC concluded that the agreement provided for the fair resolution of employment terms and did not contain provisions that would be detrimental to the employees or the employer. Consequently, the FWC approved the Borger Crane Hire & Rigging Services Pty Ltd / CFMEU Collective Agreement 2018. The FWC's decision affirmed the importance of ensuring that collective agreements are the result of genuine negotiations and provide for fair and equitable terms for all parties involved.

As a result of the FWC's approval, the Borger Crane Hire & Rigging Services Pty Ltd / CFMEU Collective Agreement 2018 was deemed to be legally binding on both the employer and the employees represented by the union. The agreement now governs the terms and conditions of employment for the workers in the crane hire and rigging services sector, as per the provisions outlined in the approved agreement. The decision reinforces the role of the FWC in overseeing and approving collective agreements to ensure compliance with the Fair Work Act and the promotion of fair and reasonable employment terms.

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