Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4033)

PLATINUM CRANE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 6 OCTOBER 2022

Application for approval of the PLATINUM CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the PLATINUM CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry 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.

The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The Construction, Forestry, Maritime, Mining and Energy Union. The Agreement 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 13 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the PLATINUM CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The applicant, PLATINUM CRANE SERVICES PTY LTD, sought approval from the Fair Work Commission, which was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission of Australia.

The central legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith. Specifically, the court had to determine if the agreement was free from any unlawful content, such as terms that contravened the provisions of the Act, and if the agreement was genuinely negotiated between the parties. Additionally, the court considered whether the agreement complied with the procedural requirements set out in the Act.

In delivering its decision, the court examined the terms of the agreement and the evidence provided by both parties. The court found that the agreement was free from any unlawful content and that it had been genuinely negotiated between the parties. The court also concluded that the agreement complied with the procedural requirements of the Act. As a result, the court approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the PLATINUM CRANE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The court found that the agreement was free from any unlawful content, had been genuinely negotiated, and complied with the procedural requirements of the Act. The decision provides clarity for the parties involved and sets a precedent for future enterprise agreements in the mobile crane hiring 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