Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4065)

All Over Rigging Pty Limited t-as A.O.R. Cranes/ CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 OCTOBER 2022

Application for approval of the All Over Rigging Pty Limited t-as A.O.R. Cranes/ CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the All Over Rigging Pty Limited t-as A.O.R. Cranes/ 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 17 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement between All Over Rigging Pty Limited trading as A.O.R. Cranes and the union. The application was made under the Fair Work Act 2009, which allows for the registration of certain agreements that provide for the terms and conditions of employment. The nature of the dispute was the need for formal recognition of the terms agreed upon between the employer and the union, ensuring compliance with Australian labour laws and protection of the workforce's rights.

The legal issues before the Commission included whether the agreement met the statutory criteria for approval, such as ensuring it did not undermine the minimum safety net of entitlements, provided for proper dispute resolution mechanisms, and did not discriminate against any group of employees. The Commission also needed to consider whether the agreement provided for terms and conditions that were fair and reasonable and whether it complied with the relevant provisions of the Fair Work Act.

In rendering its decision, the Commission examined the contents of the agreement, the negotiation process, and the evidence provided by the parties. The Commission found that the agreement satisfied all the necessary statutory requirements for approval. It included provisions for minimum wage rates, leave entitlements, and other conditions that were not less favourable than the relevant awards or the national safety net. The agreement also provided for an effective dispute resolution process and did not contain any discriminatory provisions. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The final orders of the Commission were that the All Over Rigging Pty Limited t-as A.O.R. Cranes/ CFMEU Collective Agreement 2022-2025 be approved and registered under the Fair Work Act 2009. This decision provides legal certainty for the parties and ensures that the agreement will govern the terms and conditions of employment between the employer and the union for the specified period.

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