Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1408)

Fullers Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2022

Application for approval of the Fullers Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Fullers Mobile Cranes 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 27 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, on behalf of its members, made an application for the approval of a collective agreement between Fullers Mobile Cranes Pty Ltd and the union, effective from 2022 to 2025. The union sought to ensure that the terms and conditions of employment for its members were fairly and adequately represented in the agreement.

The central legal issues before the Commission were whether the collective agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it complied with the requirements for approval. Specifically, the Commission had to consider if the agreement was made in good faith, if it included the necessary terms and conditions, and if it met the criteria for being a genuine enterprise agreement. The union argued that the agreement reflected the needs of its members and the employer's business, while Fullers Mobile Cranes Pty Ltd maintained that the agreement was comprehensive and fair.

The Commission found that the collective agreement was indeed made in good faith and adhered to the necessary legal requirements. It noted that both parties had engaged in genuine negotiations and had made reasonable efforts to reach a mutually acceptable agreement. The Commission was satisfied that the agreement included all the mandatory terms and conditions as stipulated by the Act and was therefore a genuine enterprise agreement. Consequently, the Commission approved the collective agreement for the period specified.

The Fair Work Commission approved the Fullers Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2022-2025. This decision ensures that the terms and conditions of employment for the union members are legally binding and enforceable for the duration of the agreement.

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