Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1526)

Coopers Heavy Industries Pty Limited t-as Coopers Cranes / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2022

Application for approval of the Coopers Heavy Industries Pty Limited t-as Coopers Cranes / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Coopers Heavy Industries Pty Limited t-as Coopers Cranes / 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 7 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 court involved the Construction, Forestry, Maritime, Mining and Energy Union and Coopers Heavy Industries Pty Limited trading as Coopers Cranes. The union sought approval of a collective agreement between the parties, covering the period from 2022 to 2025. The court was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement contained all the required terms and conditions, and whether it adhered to the statutory requirements set out in the Act.

The court examined the agreement's contents to ensure it encompassed all mandatory terms and conditions, including minimum wage rates, classification, and penalty rates. It also assessed whether the agreement complied with other statutory requirements, such as the provision for dispute resolution mechanisms and the avoidance of terms that may undermine the protection of employees. The court paid particular attention to whether the agreement was fair and reasonable, considering the interests of both the employer and employees.

In reaching its decision, the court found that the agreement contained all the necessary terms and conditions and adhered to the statutory requirements under the Fair Work Act. The court determined that the agreement was fair and reasonable, taking into account the interests of both parties. Consequently, the court approved the collective agreement, allowing it to take effect from 2022 to 2025. This decision provided certainty and stability to both the union and the employer, enabling them to proceed with the agreed terms and conditions.

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