Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2024)

WGC Crane Group Pty Ltd (Smeaton Grange 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 (Smeaton Grange 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 (Smeaton Grange 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a proposed collective agreement with WGC Crane Group Pty Ltd, which would govern the terms and conditions of employment for the workers at the Smeaton Grange Depot. The proposed agreement spans the period from 2022 to 2025 and includes various provisions relating to wages, working conditions, and dispute resolution mechanisms. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission involved assessing whether the proposed agreement provided adequate protection of employees' rights and interests, and whether it complied with the requirements of the Fair Work Act. This included evaluating the fairness of the proposed terms and conditions, the process by which the agreement was negotiated, and whether the agreement contained all the mandatory minimum terms prescribed by the Act. The Commission also considered whether the agreement was consistent with the principles of good faith bargaining and whether it promoted the efficient operation of the workplace.

The Commission found that the proposed agreement adequately protected the rights and interests of the employees, provided for fair and efficient workplace practices, and complied with the statutory requirements. The Commission noted that the agreement contained all the mandatory minimum terms prescribed by the Act and was the product of good faith bargaining between the parties. The Commission was satisfied that the process by which the agreement was negotiated was fair and transparent, and that the terms of the agreement were reasonable and consistent with the principles of good faith bargaining. Consequently, the Commission approved the proposed agreement.

The Commission issued a certificate of approval for the WGC Crane Group Pty Ltd (Smeaton Grange Depot) / CFMEU Collective Agreement 2022-2025, which will now govern the employment terms and conditions of the workers at the Smeaton Grange Depot for the specified period. The certificate of approval will be registered with the Australian Industrial Registry, and the agreement will have effect as a registered agreement under the Fair Work Act.

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