Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5130)

Hawkesbury Cranes Pty ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2022

Application for approval of the Hawkesbury Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Hawkesbury Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025 (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 26 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a proposed collective agreement between the CFMEU and Hawkesbury Cranes Pty Ltd, which would cover the period from 2022 to 2025. The application was made under the Fair Work Act 2009 (Cth), specifically section 234, which allows for the approval of certain collective agreements by the Fair Work Commission or the Fair Work Court. The CFMEU sought the approval of the agreement to ensure it met the legal standards and requirements set out in the Act.

The central legal issue before the court was whether the proposed collective agreement met the criteria for approval under section 234 of the Fair Work Act. This included an assessment of whether the agreement provided for a fair and reasonable way of determining the terms and conditions of employment for the employees covered by the agreement, and whether it complied with the good faith bargaining requirements set out in the Act. The court also had to consider whether the agreement was in the best interests of the employees and the employer.

In delivering its decision, the court examined the provisions of the proposed collective agreement and considered the evidence and arguments presented by both parties. The court found that the agreement met the criteria for approval under the Act, as it provided for a fair and reasonable way of determining the terms and conditions of employment, and it complied with the good faith bargaining requirements. The court also found that the agreement was in the best interests of both the employees and the employer, as it provided for appropriate protections and benefits for the employees while also allowing the employer to operate its business effectively. As a result, the court approved the proposed collective agreement between the CFMEU and Hawkesbury Cranes Pty Ltd, effective from 1 July 2022 to 30 June 2025.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established