Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1547)

PERFORMANCE CRANES & RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2022

Application for approval of the Performance Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Performance Cranes & Rigging 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 8 June 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Performance Cranes & Rigging Pty Ltd. The parties sought approval for a collective agreement that would govern their employment relationship for the years 2022 to 2025. The application for approval was brought under relevant industrial legislation and was heard by the Fair Work Commission. The legal issues before the court centred on whether the proposed agreement complied with the requirements of the relevant industrial legislation and whether it was in the best interests of the employees.

The court examined the terms of the collective agreement, considering the obligations and rights it conferred upon both the employer and the employees. It was necessary to determine whether the agreement provided fair and reasonable terms for the employees, including provisions on wages, working conditions, and dispute resolution mechanisms. Additionally, the court had to assess whether the agreement met the statutory criteria for approval, such as ensuring it did not undermine the protection of employees' rights or facilitate anti-union practices.

In reaching its decision, the court applied a thorough analysis of the collective agreement, considering the specific needs and circumstances of the industry and the parties involved. The court found that the proposed agreement met the necessary legislative requirements and provided fair and reasonable terms for the employees. The agreement was deemed to be in the best interests of the employees, taking into account the specific context of the industry and the parties' bargaining positions. Consequently, the court approved the collective agreement for the period 2022 to 2025.

The court's final orders included the approval of the Performance Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2022-2025, which was to be binding on all employees covered by the agreement. The approval ensured that the terms and conditions of employment for the employees were governed by the collective agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established