Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1597)

Everwilling Cranes Pty Limited / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 June 2022

Application for approval of the Everwilling Cranes Pty Limited / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Everwilling Cranes 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 10 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 matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Everwilling Cranes Pty Limited. The dispute centred around the approval of the 2022-2025 Collective Agreement between the parties. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the collective agreement adhered to the provisions of the Act and whether it met the standards of good faith bargaining. Specifically, the Commission had to assess whether the agreement was made without coercion and whether it complied with the relevant minimum standards of employment. The CFMEU argued that the agreement was fair and reasonable, while Everwilling Cranes Pty Limited contended that certain provisions were overly restrictive and not in line with the spirit of the legislation.

The Commission found that the collective agreement was largely in compliance with the requirements of the Fair Work Act. It determined that the bargaining process was conducted in good faith and that the agreement was not made under any form of coercion. The Commission also found that the agreement met the minimum standards of employment and did not include any provisions that were overly restrictive or detrimental to the parties' interests. Consequently, the Commission approved the 2022-2025 Collective Agreement between the CFMEU and Everwilling Cranes Pty Limited.

The Fair Work Commission ordered that the collective agreement be approved and registered, effective from the date of the decision. This ruling allows the agreement to be implemented, providing a framework for the employment terms and conditions between the CFMEU and Everwilling Cranes Pty Limited for the specified period.

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