Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1670)

Harley Cranes Group Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 9 JUNE 2022

Application for approval of the Harley Cranes Group Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Harley Cranes Group 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 16 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

In the matter of an application by the Harley Cranes Group Pty Ltd for the approval of the Harley Cranes Group Pty Ltd / CFMEU Collective Agreement 2022-2025, the Fair Work Commission was tasked with determining whether the proposed agreement should be approved. The applicant, Harley Cranes Group Pty Ltd, sought the approval of the agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which outlines the terms and conditions of employment for its workers over the period from 2022 to 2025. The applicant argued that the agreement contained reasonable terms and conditions that were necessary to ensure the efficient operation of its business and the fair treatment of its employees.

The central legal issue before the Commission was whether the terms and conditions of the proposed agreement were fair and reasonable in all respects. The Commission had to consider whether the agreement met the requirements of the Fair Work Act 2009, including the protection of employees' rights and the promotion of harmonious, productive and cooperative workplace relations. The Commission also had to assess whether the agreement provided for the proper protection of employees' wages, conditions and other entitlements, and whether it facilitated the efficient operation of the applicant's business.

After examining the proposed agreement and hearing submissions from both parties, the Commission found that the agreement contained reasonable terms and conditions that were fair and appropriate in all respects. The Commission determined that the agreement provided for the proper protection of employees' wages, conditions and other entitlements, and facilitated the efficient operation of the applicant's business. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations and did not undermine the protection of employees' rights. Accordingly, the Commission approved the Harley Cranes Group Pty Ltd / CFMEU Collective Agreement 2022-2025, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009.

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