Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/687)

MERLIN CRANE HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Business equipment industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MARCH 2023

Application for approval of the MERLIN CRANE HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the MERLIN CRANE HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry 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.

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 6 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Merlin Crane Hire Pty Ltd. The dispute arose concerning the approval of a specific enterprise agreement between the two parties for the period 2020 to 2023. The matter was heard by the Fair Work Commission, the Australian body responsible for the resolution of workplace disputes and the administration of workplace laws.

The central legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural requirements for enterprise agreements and if it contained terms that would have an adverse effect on the operation of the enterprise.

The Fair Work Commission carefully examined the procedural aspects of the agreement, including whether the agreement had been properly negotiated and whether the necessary employee and employer representatives had been involved. The Commission also assessed the substantive terms of the agreement to ensure they did not unfairly disadvantage employees or the employer. Ultimately, the Commission found that the agreement was properly negotiated and did not contain terms that would have an adverse effect on the operation of the enterprise. Consequently, the Commission approved the agreement.

The Commission's decision was that the Merlin Crane Hire Pty Ltd and CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 was approved and would be registered. The agreement was to take effect from the date of the decision and would remain in force until the end of the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established