Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1306)

AUSWIDE RIGGING & CRANE HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 MAY 2022

Application for approval of the Auswide Rigging & Crane Hire Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Auswide Rigging & Crane Hire Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 19 May 2022. The nominal expiry date of the Agreement is 31 December 2023.

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 (CFMEU) filed an application for the approval of the Auswide Rigging & Crane Hire Pty Ltd / CFMEU Collective Agreement 2019-2023. The agreement was submitted for registration and deemed to be a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration, including its compliance with the provisions of the Act and the protection of employees' rights.

The legal issues that the Commission was required to address included whether the agreement contained all the necessary provisions as per the Act, and whether it appropriately balanced the interests of both the employer and employees. The Commission also had to consider whether the agreement included provisions that were contrary to public policy or industrial law, and if the agreement was made in good faith and without coercion.

The Commission found that the agreement was compliant with the Fair Work Act and other relevant industrial laws. It was determined that the agreement met all necessary requirements for registration, including provisions for the protection of employees' rights and interests. The Commission noted that the agreement had been negotiated in good faith and without coercion, and that it appropriately balanced the interests of both parties. The Commission approved the agreement, deeming it to be a registered agreement under the Act.

The Commission's decision confirmed the registration of the Auswide Rigging & Crane Hire Pty Ltd / CFMEU Collective Agreement 2019-2023, which will now be in effect for the duration of its term. The agreement provides a framework for the employment relationship between the employer and employees, and sets out the terms and conditions of employment for the specified period.

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