Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4286)

ROYAL CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the ROYAL CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ROYAL CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Royal Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the enterprise agreement as a modern award. Royal Cranes Pty Ltd is an employer in the crane hire industry, and the CFMEU represents the employees in question, who are riggers and steel erectors. The disagreement primarily revolves around the terms and conditions of employment within the specified agreement.

The legal issues before the Commission were whether the agreement met the necessary criteria for approval as a modern award, including provisions for minimum wages and conditions, and if it complied with the requirements of the Fair Work Act. The Commission examined the fairness, simplicity, and enforceability of the agreement, ensuring it did not undermine the existing safety net of minimum entitlements and was not detrimental to the broader industrial relations system.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement largely met the legislative requirements for a modern award. The agreement provided for fair and reasonable terms and conditions of employment, and it did not undermine the safety net of minimum entitlements. The Commission was satisfied that the agreement was not detrimental to the broader industrial relations system and was likely to promote improved productivity, efficiency, and profitability in the industry. Consequently, the Commission approved the enterprise agreement as a modern award.

The Fair Work Commission orders the approval of the Royal Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 as a modern award. The approved agreement will now apply to all employees who were covered by the agreement prior to its approval and to any new employees who are engaged under the agreement. The Commission's decision ensures that the employees will receive fair and reasonable terms and conditions of employment while also promoting improved productivity, efficiency, and profitability in the industry.

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