| [2022] FWCA 1696 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1487)
RAR Cranes Australia Pty Ltd, RAR HR Services Australia Pty Ltd, RAR Rigging Australia Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021
| Building, metal and civil construction industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 23 MAY 2022 |
Application for approval of the RAR Cranes Australia Pty Ltd, RAR HR Services Australia Pty Ltd, RAR Rigging Australia Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021
The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant) has made an application for approval of an enterprise agreement known as the RAR Cranes Australia Pty Ltd, RAR HR Services Australia Pty Ltd, RAR Rigging Australia Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 20 May 2022.
The Agreement was not lodged within 14 days after it was made on 19 April 2022. The parties submitted that the delay was the result of the absence of a senior employee bargaining representative who contracted COVID-19 and that the employees to be covered by the Agreement did not change during the period of the delay. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 16 May 2022.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2025.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 1696
- Case
- [2022] FWCA 1696
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement contained any terms that were contrary to public policy or contrary to the provisions of the Fair Work (Registered Organisations) Act 2009. The court also needed to determine whether the agreement was made in good faith and whether the process leading to the agreement was procedurally fair.
The Fair Work Commission found that the enterprise agreement complied with all relevant statutory requirements. The agreement was found to be procedurally fair, made in good faith, and did not contain any terms that were contrary to public policy or the provisions of the Fair Work (Registered Organisations) Act 2009. The Commission noted that the agreement contained provisions that were fair and reasonable, and that the process leading to the agreement was appropriate. The Commission approved the enterprise agreement.
The Fair Work Commission approved the RAR Cranes Australia Pty Ltd, RAR HR Services Australia Pty Ltd, RAR Rigging Australia Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021, finding that it complied with all relevant statutory requirements and was procedurally fair and made in good faith.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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