Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1349)

Melrose Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MAY 2022

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

An application has been made for approval of an enterprise agreement known as the Melrose 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 24 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

The Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement between Melrose Cranes & Rigging Pty Ltd and the union for the period 2022-2025. The matter was heard in the Fair Work Commission. The crux of the dispute lay in the interpretation and compliance of the collective agreement with the Fair Work Act 2009 and the Fair Work Regulations 2009. The central legal issues the Commission had to address were whether the agreement met the statutory requirements, including the provisions for minimum wages and conditions, and whether it was appropriately negotiated.

In deliberating on these issues, the Commission considered the specific terms of the agreement and the broader context of industrial relations law. The Commission found that the agreement was largely in compliance with the Fair Work Act and Regulations, although it identified a few minor discrepancies that did not significantly detract from the overall compliance. The union and the employer were given an opportunity to address these discrepancies, which they did satisfactorily. Consequently, the Commission approved the collective agreement, noting that it appropriately balanced the interests of both parties while adhering to the statutory framework.

The Fair Work Commission approved the Melrose Cranes & Rigging Pty Ltd / CFMEU Collective Agreement 2022-2025, subject to the minor corrections already addressed by the parties. The approval was based on the finding that the agreement was fairly negotiated and met the requirements of the Fair Work Act and Regulations. This decision underscores the importance of ensuring that collective agreements not only reflect the terms agreed upon by the parties but also comply with relevant industrial legislation.

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