| [2023] FWCA 425 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/178)
J ASHDOWN FAMILY TRUST (THE TRUSTEE FOR) T/As CASEY CRANE HIRE and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 13 FEBRUARY 2023 |
Application for approval of the J ASHDOWN FAMILY TRUST (THE TRUSTEE FOR) T/As CASEY CRANE HIRE 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 J ASHDOWN FAMILY TRUST (THE TRUSTEE FOR) T/As CASEY CRANE HIRE 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 20 February 2023. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 425
- Case
- [2023] FWCA 425
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing the agreement against the requirements for enterprise agreements, including whether the agreement covered a group of employees, provided for appropriate terms and conditions, and was certified as a genuine agreement by an independent third party. The Commission also needed to consider whether the agreement was in the public interest and did not undermine the Australian industrial relations system.
The Fair Work Commission determined that the agreement satisfied the necessary conditions for approval. The Commission found that the agreement was genuinely negotiated between the employer and the union, and it covered a specific group of employees within the mobile crane hiring industry. The agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Furthermore, the Commission concluded that the agreement was in the public interest and did not undermine the Australian industrial relations system. Consequently, the Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023.
The final order of the Commission was to approve the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 between the J Ashdown Family Trust, trading as Casey Crane Hire, and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be a genuine enterprise agreement that met the legal requirements under the Fair Work Act 2009 and was in the public interest.
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