Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/303)

QUEENSLAND TOWER CRANE HIRE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 FEBRUARY 2023

Application for approval of the Queensland Tower Crane Hire PTY LTD and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of a greenfields agreement known as the Queensland Tower Crane Hire PTY LTD and CFMEU Union Collective Agreement 2020–2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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

In the matter of an application for approval of the Queensland Tower Crane Hire PTY LTD and CFMEU Union Collective Agreement 2020–2022, the Full Bench of the Fair Work Commission heard the case. The dispute arose between the Queensland Tower Crane Hire PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions, and if the agreement was made in good faith and without coercion. Additionally, the Commission needed to determine whether the agreement was consistent with the overarching principles of the Fair Work Act, including fairness and productivity. The union argued that the agreement was fair and necessary to protect the workers' rights, while the employer contended that certain provisions were overly restrictive and detrimental to business operations.

The Full Bench found that the agreement largely complied with the statutory requirements. The Commission determined that the agreement contained all the mandated minimum terms and conditions and was made in good faith. The court held that the provisions, while stringent in some areas, were necessary to safeguard the workers' rights and were not overly restrictive. Furthermore, the agreement was found to be consistent with the overarching principles of the Fair Work Act. The Full Bench approved the collective agreement subject to minor amendments to address specific concerns raised by the employer.

The final orders of the Full Bench were that the Queensland Tower Crane Hire PTY LTD and CFMEU Union Collective Agreement 2020–2022 be approved with the stipulated amendments. The Commission directed the parties to implement the agreed changes within a specified timeframe and to notify the Commission of compliance. This decision provides a framework for future collective agreements in the industry, balancing the rights of workers with the operational needs of employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established