Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1338)

Borger Crane Hire & Rigging Service Pty Ltd / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 MAY 2022

Application for approval of the Borger Crane Hire & Rigging Service Pty Ltd / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Borger Crane Hire & Rigging Service 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 23 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 sought approval for the Borger Crane Hire & Rigging Service Pty Ltd / CFMEU Collective Agreement 2022-2025. Borger Crane Hire & Rigging Service Pty Ltd, an employer in the crane hire and rigging industry, and the CFMEU, representing the employees, had negotiated a new collective agreement. The union sought the commission's approval to ensure the agreement was legally binding and compliant with the Fair Work Act 2009.

The legal issues before the commission involved determining whether the collective agreement was genuinely negotiated, met the requirements for modern awards, and did not include prohibited content. The commission had to consider whether the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. Additionally, the commission had to assess whether the agreement complied with the provisions of the Fair Work Act and the National Employment Standards.

The commission found that the collective agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The agreement provided for a comprehensive set of terms and conditions of employment, including wages, hours of work, and leave provisions. The commission considered the industry context and the bargaining positions of the parties, concluding that the agreement reflected a fair outcome for both employers and employees. The commission also determined that the agreement did not include any prohibited content and complied with the Fair Work Act and the National Employment Standards.

The commission approved the Borger Crane Hire & Rigging Service Pty Ltd / CFMEU Collective Agreement 2022-2025, making it a legally binding agreement between the employer and the union. The approval ensures that the terms and conditions of employment are fair and reasonable, and the agreement complies with the Fair Work Act and the National Employment Standards. The decision provides certainty for both the employer and the employees covered by 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