Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4229)

RAMSAY CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 19 OCTOBER 2022

Application for approval of the RAMSAY CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the RAMSAY CRANES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Labour Hire 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 26 October 2022. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Ramsay Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023. The agreement was submitted for consideration following the parties' negotiations and was subject to approval to ensure compliance with the relevant legislative framework.

The central legal issue was whether the terms of the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. This involved scrutiny of the agreement's provisions to ensure that they did not contravene any provisions of the Fair Work Act or the Fair Work Regulations, and that they met the requirements for "single interest" and "good faith" bargaining. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions for the employees, including minimum wages, penalties, and other employment conditions.

The Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement was made in good faith and represented a single interest of the employees, as it was negotiated between the employer and the union. The Commission also found that the agreement's terms and conditions were fair and reasonable, providing for adequate wages and penalties, and other employment conditions that were not contrary to the principles of the Fair Work Act. As such, the Commission approved the Ramsay Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Labour Hire Enterprise Agreement 2020-2023.

The Fair Work Commission approved the agreement, and it will now be in effect from the date of the decision. This approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and provide for fair and reasonable conditions of employment. The approval also ensures that the agreement complies with the legislative framework, providing certainty for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established