Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3715)

CAPITAL CRANES A.C.T. PTY LIMITED AND CFMEU ACT CRANE AND RIGGING SECTOR ENTERPRISE AGREEMENT (ACT) 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 SEPTEMBER 2022

Application for approval of the CAPITAL CRANES A.C.T. PTY LIMITED and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

An application has been made for approval of an enterprise agreement known as the CAPITAL CRANES A.C.T. PTY LIMITED and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (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 22 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

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 Capital Cranes A.C.T. Pty Limited and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement, which governs the employment conditions of crane operators employed by Capital Cranes A.C.T. Pty Limited in the ACT. The primary dispute was whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The central legal issue for the Commission to resolve was whether the enterprise agreement met all the statutory criteria for approval. This included determining if the agreement was made in good faith, covered the correct bargaining units, and did not unfairly discriminate against employees. The Commission also had to assess whether the agreement contained provisions that were contrary to public policy or were otherwise unlawful.

In assessing the application, the Commission considered the submissions from both parties and examined the contents of the agreement. The Commission found that the agreement was made in good faith and covered the appropriate bargaining units. It was also determined that the agreement did not unfairly discriminate against employees and did not contain any provisions that were contrary to public policy. The Commission concluded that the agreement complied with all legislative requirements and approved it under the Fair Work Act 2009.

The Fair Work Commission approved the Capital Cranes A.C.T. Pty Limited and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021. The agreement was deemed to be in accordance with the statutory requirements, effective from the date of approval, and binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established