Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1030)

M GROUP TRADES AND LABOUR PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023 (THE AGREEMENT)

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 APRIL 2023

Application for approval of the M GROUP TRADES AND LABOUR PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the M GROUP TRADES AND LABOUR PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2030. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a labour hire enterprise agreement between M Group Trades and Labour Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant legislative provisions. The dispute centred on the agreement's provisions related to the employment conditions, including wages, hours of work, and other terms and conditions of employment for the subcontractors involved in the rigging of tower cranes.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for the making of an enterprise agreement. The Commission also needed to consider if the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Commission examined the proposed agreement clause by clause, ensuring that it complied with the relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission found that the agreement met the statutory requirements for approval, as it provided for fair and reasonable terms and conditions, and adhered to the procedural requirements for the making of an enterprise agreement. Consequently, the Commission approved the proposed labour hire enterprise agreement.

The Fair Work Commission approved the M Group Trades and Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023, effective from 1st July 2020. The Commission determined that the agreement met the statutory requirements for approval under the Fair Work Act 2009, and provided for fair and reasonable terms and conditions for the employees involved.

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