Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/450)

VAMP CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 9 MARCH 2023

Application for approval of the VAMP CRANES 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 VAMP CRANES 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, 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 March 2023. 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 involves an application by VAMP CRANES PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their enterprise agreement, titled the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission. The union and the employer sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would allow it to be binding on the parties involved.

The central legal issue before the Commission was whether the proposed agreement met all the necessary criteria for registration as stipulated by the Fair Work Act. The Commission needed to determine if the agreement provided a safety net for employees, ensured fair and reasonable terms, and did not negatively impact the operation of the business. It was also necessary to confirm that the agreement had been genuinely negotiated and contained provisions that would facilitate the efficient operation of the business.

The Fair Work Commission found that the proposed agreement satisfied all the criteria for registration. The agreement provided for a minimum safety net of terms and conditions, including minimum wages and conditions that went beyond those provided by the national system. The Commission determined that the agreement was fair and reasonable, and that it would not have an adverse effect on the business operations of the parties involved. The agreement also contained provisions that facilitated the efficient operation of the business, including flexibility in work arrangements and provisions for the resolution of disputes. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, as evidenced by the extensive consultation and negotiation process that had taken place.

As a result of its findings, the Fair Work Commission approved the proposed enterprise agreement. The agreement is now registered and will be binding on the parties involved, providing a framework for the employment terms and conditions of workers in the mobile crane hiring industry in Victoria for the period 2020-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established