Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4459)

Transformer Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 NOVEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Transformer 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 11 November 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Transformer Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025. The dispute involved the terms and conditions of employment for workers at Transformer Cranes Pty Ltd, a company in the crane services industry. The CFMEU sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations 2009, including whether it contained the mandated minimum entitlements, and whether it was made in good faith and without the use of prohibited conduct. Additionally, the Commission had to consider whether the agreement provided for a proper process for the resolution of employee disputes.

The Commission found that the agreement complied with all statutory requirements and contained the mandated minimum entitlements. The parties had demonstrated a good faith approach to negotiations and there was no evidence of prohibited conduct. The agreement also included provisions for the resolution of employee disputes, meeting the statutory requirements. The Commission approved the agreement, finding it to be a lawful and appropriate instrument for the regulation of employment in the industry.

The Fair Work Commission approved the Transformer Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025, recognising it as a registered agreement under the Fair Work Act 2009. The Commission's decision provides certainty for both employers and employees in the crane services industry, ensuring that the agreement provides for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established