Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3087)

Impact Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 3 AUGUST 2022

Application for approval of the Impact Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Impact Cranes 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 10 August 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 matter involved an application for approval of a proposed collective agreement between Impact Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2022 to 2025. The Fair Work Commission heard the matter, tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the fair and equitable treatment of employees, whether it complied with the relevant provisions of the Fair Work Act, and if it adhered to the principles of good faith bargaining and provided for a fair and efficient workplace. The Commission also considered whether the agreement was in the best interest of the employees and whether it would lead to improved industrial relations within the industry.

In its reasoning, the Commission noted that the proposed agreement included provisions for fair wages and conditions, as well as provisions for dispute resolution mechanisms that would allow for the resolution of workplace issues in a timely and efficient manner. The Commission found that the agreement was in line with the principles of good faith bargaining and provided for fair and equitable treatment of employees. The Commission also determined that the agreement would lead to improved industrial relations within the industry and was in the best interest of the employees. Therefore, the Commission approved the proposed agreement, subject to certain conditions, including a requirement for the parties to review and update the agreement every two years to ensure it remains relevant and effective.

The final orders of the Commission were that the Impact Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025 be approved, subject to the condition that the parties review and update the agreement every two years. The Commission also ordered that the agreement be registered with the Fair Work Commission and that the parties provide a copy of the agreement to the Fair Work Ombudsman within 28 days of the decision.

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