| [2023] FWCA 34 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/5542)
DP CRANES PTY LTD T/AS TITAN MOBILE CRANES LTD AND CFMEU ACT CRANE AND RIGGING SECTOR ENTERPRISE AGREEMENT (ACT) 2021
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 5 JANUARY 2023 |
Application for approval of the DP Cranes Pty Ltd t/as Titan Mobile Cranes 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 DP Cranes Pty Ltd t/as Titan Mobile Cranes 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 12 January 2023. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518791 PR749417>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 34
- Case
- [2023] FWCA 34
- Decision Date
CaseChat Overview and Summary
The key legal issues before the commission were whether the agreement contained any provisions that were not in accordance with the requirements of the Fair Work Act, and whether the agreement had been made in accordance with the relevant provisions of the act. The commission had to consider whether the agreement satisfied the good faith bargaining requirements and whether it met the criteria for being a "single interest" enterprise agreement. Additionally, the commission needed to ensure that the agreement did not contain any terms that would be contrary to public policy or otherwise unenforceable.
The commission examined the provisions of the agreement and found that it met the requirements of the act. The commission determined that the agreement was made in good faith and that it contained terms that were consistent with the objectives of the act. The commission also found that the agreement was a "single interest" enterprise agreement, as it related to the employees of DP Cranes Pty Ltd t/as Titan Mobile Cranes Ltd. The commission concluded that the agreement did not contain any terms that were contrary to public policy or otherwise unenforceable. Accordingly, the commission approved the enterprise agreement under section 235 of the Fair Work Act.
The commission approved the DP Cranes Pty Ltd t/as Titan Mobile Cranes Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021. The approval is effective from the date of the commission's decision and will apply to all employees covered by the agreement. The union and the employer may now implement the agreement, and it will be legally binding on all parties. The decision provides clarity and certainty for the parties involved and ensures that the agreement meets the requirements of the Fair Work Act.
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Background
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