Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3528)

Metro Crane Services Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 SEPTEMBER 2022

Application for approval of the Metro Crane Services Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Metro Crane Services Pty Ltd / 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 9 September 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union and Metro Crane Services Pty Ltd, who sought approval of a collective agreement for the period 2022-2025. The application was brought before the Fair Work Commission. The union and the employer had negotiated the terms of a new enterprise agreement, which they now sought to have certified as a lawful and valid agreement under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the good faith bargaining requirements. The Commission examined whether the agreement was made in good faith, whether it contained the necessary terms, and whether it met the statutory requirements for certification.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary terms. The Commission considered that the union and the employer had engaged in genuine bargaining and that the agreement was a genuine enterprise agreement. The Commission also found that the agreement complied with the statutory requirements for certification, including the requirement that it be in writing and signed by the parties.

The Fair Work Commission approved the Metro Crane Services Pty Ltd / CFMEU Collective Agreement 2022-2025, which will now be a lawful and binding agreement between the union and the employer for the specified period. The Commission noted that the agreement provided for fair and reasonable terms for the employees covered by the agreement, including provisions for wages, conditions of employment, and dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established