Construction, Forestry, Maritime, Mining and Energy Union

Case [2022] FWCA 2181
[2022] FWCA 2181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2090)

All Cranes 4 Hire Pty Ltd t-as Topgun Cranes / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 5 JULY 2022

Application for approval of the All Cranes 4 Hire Pty Ltd t-as Topgun Cranes / CFMEU Collective Agreement 2022-2025

  1. An application has been made for approval of an enterprise agreement known as the All Cranes 4 Hire Pty Ltd t-as Topgun Cranes / 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.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

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Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 2181
Case
[2022] FWCA 2181
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the All Cranes 4 Hire Pty Ltd t/as Topgun Cranes/CFMEU Collective Agreement 2022-2025. The dispute centred on the terms and conditions of employment for workers within the crane operation sector, specifically focusing on wage rates, working hours, and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided a fair and reasonable balance between the rights and interests of employees and employers, and whether it complied with the relevant legislative provisions and principles of the Fair Work Act.

In its decision, the Commission examined the various provisions of the proposed agreement, including wage rates, working conditions, and dispute resolution mechanisms. It considered submissions from both the CFMEU and Topgun Cranes, assessing whether the agreement met the statutory requirements for approval. The Commission determined that the agreement, while not perfect, provided a fair and reasonable balance of rights and interests, and met the necessary criteria under the Fair Work Act.

Consequently, the Commission approved the All Cranes 4 Hire Pty Ltd t/as Topgun Cranes/CFMEU Collective Agreement 2022-2025, subject to certain conditions and modifications to address specific concerns raised during the review process.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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