Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1421)

CPS INVESTMENT HOLDINGS PTY LTD AS TRUSTEE FOR CPS HOLDINGS UNIT TRUST and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 MAY 2022

Application for approval of the CPS INVESTMENT HOLDINGS PTY LTD AS TRUSTEE FOR CPS HOLDINGS UNIT TRUST and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CPS INVESTMENT HOLDINGS PTY LTD AS TRUSTEE FOR CPS HOLDINGS UNIT TRUST and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (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 30 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the CPS Investment Holdings Pty Ltd as trustee for the CPS Holdings Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute arose over the application for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission. The legal issues the court was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the necessary minimum terms and conditions, and whether it had been fairly negotiated. Additionally, the court had to determine if the agreement was in the best interest of the employees and if it complied with the procedural requirements for enterprise agreements.

The Fair Work Commission found that the agreement contained the necessary minimum terms and conditions as per the Fair Work Act. It was noted that the agreement was the result of good faith bargaining between the employer and the union. The commission also determined that the agreement was in the best interest of the employees, as it provided for fair wages, working conditions, and opportunities for professional development. Furthermore, the agreement was found to comply with the procedural requirements for enterprise agreements, including the provision of necessary documentation and the opportunity for employee consultation.

In conclusion, the Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, as it met the legal requirements and was in the best interest of the employees. The agreement was fairly negotiated, contained the necessary minimum terms and conditions, and complied with the procedural requirements for enterprise agreements. This decision ensures that the employees in the mobile crane hiring industry will benefit from the provisions of the agreement, which aims to provide fair wages, working conditions, and professional development opportunities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established