Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4157)

ASSET CRANES AND RIGGING PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 OCTOBER 2022

Application for approval of the Asset Cranes and Rigging Pty Limited / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Asset Cranes and Rigging Pty Limited / 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 21 October 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Asset Cranes and Rigging Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, Australia's workplace relations tribunal. The agreement, spanning from 2022 to 2025, was proposed to govern the terms and conditions of employment for employees within Asset Cranes and Rigging Pty Limited.

The primary legal issues before the court were whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the requirements for a Modern Award. The court examined if the agreement covered all necessary terms and conditions, ensured fair and reasonable treatment of employees, and adhered to the procedural fairness expected under Australian labour law. The court also assessed if the agreement provided for minimum entitlements, working conditions, and dispute resolution mechanisms as stipulated by the Act.

After thorough examination, the Fair Work Commission approved the collective agreement, finding it to be fair and reasonable. The agreement was deemed to meet all legislative requirements, providing for adequate minimum entitlements, fair working conditions, and an appropriate dispute resolution framework. The court found that the agreement did not unfairly disadvantage any party and was consistent with the objectives of the Fair Work Act.

No further orders were made, as the approval of the agreement concluded the application. The decision underscored the importance of collective agreements in ensuring balanced and fair employment conditions within the workplace.

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