Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4208)

EAZ CRANE HIRE PTY LTD AS TRUSTEE FOR EAZ CRANE HIRE UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 OCTOBER 2022

Application for approval of the EAZ CRANE HIRE PTY LTD AS TRUSTEE FOR EAZ CRANE HIRE UNIT TRUST 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 EAZ CRANE HIRE PTY LTD AS TRUSTEE FOR EAZ CRANE HIRE UNIT TRUST 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 25 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

The applicant sought approval of the EAZ Crane Hire Pty Ltd as trustee for the EAZ Crane Hire Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The dispute was heard in the Fair Work Commission. The primary legal issue for the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the coverage of the agreement and the fairness of its terms and conditions.

The Commission examined whether the enterprise agreement was made in good faith and whether it provided for the proper operation of the workplace. The applicant argued that the agreement was made in good faith and covered all relevant employees. The Commission considered the parties' bargaining positions, the nature of the agreement, and whether the agreement provided for a fair and reasonable set of terms and conditions. The Commission was also required to consider whether the agreement would provide for the proper operation of the workplace, including whether it provided for a fair and reasonable set of terms and conditions.

After considering the evidence and submissions from both parties, the Commission found that the enterprise agreement met the requirements of the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, covered all relevant employees, and provided for a fair and reasonable set of terms and conditions. The Commission also found that the agreement provided for the proper operation of the workplace. The Commission approved the enterprise agreement, and it came into effect on the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established