Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2005)

Allied Hire Pty Limited t-as Allied Crane Hire / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 30 JUNE 2022

Application for approval of the Allied Hire Pty Limited t-as Allied Crane Hire / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Allied Hire Pty Limited t-as Allied Crane Hire / 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 7 July 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 application before the Fair Work Commission was made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to have their proposed collective agreement with Allied Hire Pty Limited, trading as Allied Crane Hire, approved. The CFMEU sought to establish the terms and conditions of employment for the workers in the industry sectors represented by the union. The court was tasked with evaluating whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The primary legal issues revolved around whether the agreement met the criteria for approval as set out in the legislation, including the provisions regarding employee representation, the process for negotiating the agreement, and whether the agreement addressed the needs of both the employer and employees.

The court began its analysis by examining the process through which the agreement was negotiated. It confirmed that the agreement was the result of good faith negotiations between the union and the employer. The court also considered the scope of the agreement and whether it covered all the employees it was intended to cover. The CFMEU had to demonstrate that the agreement provided fair and reasonable terms for the employees, including provisions for wages, hours of work, and other conditions of employment. Furthermore, the court evaluated whether the agreement contained any provisions that were contrary to public policy or that could potentially undermine the rights of employees. The court's decision hinged on ensuring that the agreement was fair and equitable, providing appropriate protections for employees while also recognising the employer's legitimate business interests.

The court found that the agreement was the product of genuine negotiations and was comprehensive in its coverage of the employees. It was satisfied that the agreement provided fair and reasonable terms for the employees, including appropriate wage rates and working conditions. The court also determined that the agreement did not contain any provisions that were contrary to public policy or that could potentially undermine the rights of employees. The court concluded that the agreement met all the statutory requirements for approval and granted the application for approval. The court's decision was based on the balance achieved in the agreement between the interests of the employer and the employees, ensuring that the agreement was fair, reasonable, and compliant with the relevant legislation.

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