Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2470)

Reds Global (ACT Operations) Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 1 AUGUST 2022

Application for approval of the Reds Global (ACT Operations) Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Reds Global (ACT Operations) Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 1 August 2022 and, in accordance with s.54, will operate from 8 August 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Reds Global (ACT Operations) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the ACT Crane and Rigging Sector. The application was brought under the Fair Work Act 2009. The dispute centred around the specifics of the agreement, including its coverage, provisions, and compliance with relevant laws and standards.

The court was required to determine whether the agreement met the criteria for direct approval under the Fair Work Act. This involved assessing the agreement's coverage to ensure it did not unfairly exclude employees, examining the provisions to confirm they did not contravene minimum entitlements, and ensuring the agreement complied with procedural requirements, including proper notice and opportunity for objections. Additionally, the court needed to consider whether the agreement was in the best interests of the employees it covered.

After reviewing the application and related submissions, the court found that the agreement met all necessary criteria. The agreement was deemed to cover the appropriate employees and did not unfairly exclude any. The provisions were consistent with minimum entitlements and complied with procedural requirements. The court also concluded that the agreement was in the best interests of the employees it covered. Based on these findings, the court approved the enterprise agreement.

The final orders included the approval of the Reds Global (ACT Operations) Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the specified employees.

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