Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1793)

B AND M CRANES PTY. LTD. AS TRUSTEE FOR BRENT COLEMAN FAMILY TRUST T/As B AND M CRANES and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2022

Application for approval of the B AND M CRANES PTY. LTD. AS TRUSTEE FOR BRENT COLEMAN FAMILY TRUST T/As B AND M CRANES and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the B AND M CRANES PTY. LTD. AS TRUSTEE FOR BRENT COLEMAN FAMILY TRUST T/As B AND M CRANES and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (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 24 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between B and M Cranes Pty. Ltd. as trustee for Brent Coleman Family Trust trading as B and M Cranes and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, which was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The legal issues centred around whether the agreement met the necessary standards for fair and effective industrial relations, including whether it provided for appropriate pay and conditions, and whether it had been genuinely agreed upon by the parties involved.

The Fair Work Commission examined the agreement to ensure it adhered to the statutory provisions for enterprise agreements. Key considerations included whether the agreement provided for a fair and reasonable set of terms and conditions for employees, and whether it had been negotiated in good faith. The Commission also assessed whether the agreement was consistent with the provisions of the Fair Work Act, including provisions relating to the protection of employees’ rights and the promotion of workplace harmony. After thorough examination, the Commission determined that the agreement did comply with the necessary legal requirements and was therefore approved.

The Commission concluded that the proposed agreement was fair and reasonable, and had been negotiated in good faith. It found that the agreement provided for appropriate terms and conditions that were consistent with the broader objectives of the Fair Work Act. The Commission approved the agreement, allowing it to come into effect as a legally binding enterprise agreement between the parties. The final orders included the approval of the proposed agreement, which would now govern the employment terms and conditions for the employees covered by the 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