Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2003)

J & J Crane Services Pty Ltd / CFMEU Collective Agreement 2022-2025

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

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

An application has been made for approval of an enterprise agreement known as the J & J 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 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

In the case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant, Construction, Forestry, Maritime, Mining and Energy Union sought approval from the Fair Work Commission of a proposed industrial instrument, the J & J Crane Services Pty Ltd / CFMEU Collective Agreement 2022-2025. The respondent, J & J Crane Services Pty Ltd, opposed the application on various grounds. The Commission was tasked with determining whether the proposed agreement was in the interests of employees and employers and whether it complied with relevant legislative requirements.

The primary legal issues before the Commission were whether the proposed agreement contained terms that were contrary to public policy, whether it met the requirements of section 234 of the Fair Work Act 2009, and whether it provided for terms and conditions that were fair and reasonable. The Commission also considered whether the agreement contained appropriate dispute resolution mechanisms and whether it adequately protected employees' rights.

In reaching its decision, the Commission examined the terms of the proposed agreement, taking into account the submissions of both parties. The Commission found that the proposed agreement contained terms that were fair and reasonable, and it did not contravene any relevant legislation. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and that it adequately protected employees' rights. Having considered all of the evidence and submissions, the Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Commission's final orders were that the J & J Crane Services Pty Ltd / CFMEU Collective Agreement 2022-2025 be approved, subject to the modifications made by the Commission. The modifications included the removal of certain terms that were found to be contrary to public policy and the inclusion of additional provisions to ensure compliance with the Fair Work Act 2009. The Commission also ordered that the modified agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established