Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2021)

WGC Crane Group Pty Ltd (Unanderra Depot) / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 30 JUNE 2022

Application for approval of the WGC Crane Group Pty Ltd (Unanderra Depot) / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the WGC Crane Group Pty Ltd (Unanderra Depot) / 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between the WGC Crane Group Pty Ltd (Unanderra Depot) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2022-2025. The applicant, WGC Crane Group, sought the Commission's approval of the agreement, which had been negotiated and agreed upon by both parties. The CFMEU supported the application, asserting that the agreement was fair and reasonable in all its aspects.

The legal issues before the Commission centred on whether the collective agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement was in the public interest and whether it had been genuinely negotiated between the parties. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the principles of good faith bargaining.

The Commission found that the agreement was in the public interest and had been genuinely negotiated between the parties. The agreement contained provisions that were fair and reasonable in all its aspects, including provisions for wages, hours of work, leave, and other employment conditions. The Commission noted that the agreement provided for a fair balance between the interests of the employer and the employees and that it complied with the principles of good faith bargaining. Accordingly, the Commission approved the application for the collective agreement to be registered.

The Fair Work Commission approved the WGC Crane Group Pty Ltd (Unanderra Depot) / CFMEU Collective Agreement 2022-2025. The agreement was registered and will apply to the employees of the Unanderra Depot from 1 July 2022 until 30 June 2025. The decision of the Commission is final and binding on both parties.

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