Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/419)

Concept Crane Hire Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MARCH 2023

Application for approval of the Concept Crane Hire Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

An application has been made for approval of an enterprise agreement known as the Concept Crane Hire Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (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 14 March 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Concept Crane Hire Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021. The application was made to the Fair Work Commission, which is tasked with regulating and approving enterprise agreements under the Fair Work Act 2009 (Cth). The legal issues that arose pertained to whether the agreement met the statutory requirements for approval, particularly whether it complied with the provisions of the Fair Work Act concerning good faith bargaining, coverage, and the avoidance of unnecessary complexity.

The Commission examined the agreement to determine if it had been made in good faith, as mandated by the Fair Work Act. It assessed whether the parties had genuinely attempted to negotiate the terms of the agreement and whether any procedural fairness was observed throughout the process. The Commission also considered whether the agreement appropriately covered the employees of Concept Crane Hire Pty Ltd and if it contained any unnecessary complexity that might hinder its effective administration. Ultimately, the Commission found that the agreement had been made in good faith and was appropriately streamlined, meeting the legislative criteria for approval.

Following its analysis, the Fair Work Commission approved the Concept Crane Hire Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021, finding it to be compliant with the requirements of the Fair Work Act. The decision was made based on the evidence provided that the agreement was the product of genuine negotiations and did not contain unnecessary complexity, thereby ensuring it could be effectively administered. The Commission's approval was communicated in its formal decision, which detailed the reasoning behind its conclusions and the basis for the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established