Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4075)

BSF Mobile Cranes Pty Ltd and CFMEU Union Collective Agreement 2022-2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 21 OCTOBER 2022

Application for approval of the BSF Mobile Cranes Pty Ltd and CFMEU Union Collective Agreement 2022-2023

An application has been made for approval of an enterprise agreement known as the BSF Mobile Cranes Pty Ltd and CFMEU Union Collective Agreement 2022-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 28 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a proposed collective agreement with BSF Mobile Cranes Pty Ltd for the period 2022-2023. The dispute centred around various clauses within the agreement, specifically those relating to pay rates, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the proposed agreement met the legal standards set out in the Fair Work Act 2009, particularly in relation to ensuring it was not contrary to public interest or detrimental to employees.

The primary legal issues before the Commission were whether the terms of the proposed agreement were consistent with the principles of the Fair Work Act, including whether they promoted productive and harmonious workplace relations. The Commission also had to consider whether the agreement's provisions were fair and reasonable, taking into account the broader economic context and the interests of both employers and employees. Additionally, the Commission examined whether the agreement appropriately balanced the needs for fair compensation and efficient business operations.

After thorough consideration, the Fair Work Commission found that the proposed collective agreement met the necessary legal standards. The Commission determined that the agreement's terms were fair and reasonable, promoting productive and harmonious workplace relations. The Commission highlighted that the agreement provided for appropriate pay rates and working conditions that were not detrimental to the employees, while also allowing for efficient business operations. The dispute resolution mechanisms were also deemed adequate to address any future workplace issues. Consequently, the Commission approved the agreement, confirming its alignment with the objectives of the Fair Work Act.

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