Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1830)

Wheeler Cranes & Services Pty Limited / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 21 JUNE 2022

Application for approval of the Wheeler Cranes & Services Pty Limited / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Wheeler Cranes & Services Pty Limited / 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 28 June 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 Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of a proposed enterprise agreement with Wheeler Cranes & Services Pty Limited. The proposed agreement, which was negotiated by the union and the company, was for the period 2022-2025. The union sought the Commission’s approval to ensure the agreement was legally enforceable. The company did not oppose the application, but the Commissioner raised concerns about the agreement's compliance with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commissioner questioned whether the agreement adequately provided for the protection of employees' rights and interests, and whether it was consistent with the provisions of the Act. The Commissioner also examined whether the agreement contained terms that were contrary to the public interest.

The Fair Work Commission found that the proposed agreement was largely consistent with the Act and contained provisions that protected employees' rights and interests. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other employment conditions that aligned with the Act's standards. While the Commissioner had raised concerns about certain terms, the Commission determined that these did not undermine the overall fairness and reasonableness of the agreement. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the company. The Fair Work Commission approved the Wheeler Cranes & Services Pty Limited / CFMEU Collective Agreement 2022-2025, allowing it to become a legally binding enterprise agreement.

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