Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1271)

Two Way Cranes Group / CFMEU Collective Agreement 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2022

Application for approval of the Two Way Cranes Group / CFMEU Collective Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Two Way Cranes Group / 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 17 May 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Two Way Cranes Group, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose under the Fair Work Act 2009, where the Two Way Cranes Group applied to the Fair Work Commission for the approval of a new collective agreement. The CFMEU contested the application on the basis that certain provisions were not in compliance with the legislative framework. The Fair Work Commission was tasked with determining whether the collective agreement met the legal standards set out in the Fair Work Act.

The primary legal issue before the Commission was whether the provisions of the proposed collective agreement complied with the statutory requirements for registration and enforcement. This involved examining whether the agreement contained mandatory terms as defined by the Act, whether it was free from prohibited content, and if it was negotiated in good faith. The Commission needed to determine if the agreement was fairly and genuinely negotiated and if it met the criteria for being a "modern award" as required by the legislation.

The Fair Work Commission found that the provisions of the collective agreement were compliant with the statutory requirements. The Commission held that the agreement contained the necessary mandatory terms, was free from prohibited content, and was negotiated in good faith. The Commission was satisfied that the agreement was a "modern award" and met all the legislative criteria for approval. Consequently, the Commission approved the collective agreement, finding that it was appropriately negotiated and in compliance with the Fair Work Act.

The Fair Work Commission granted the application for approval of the Two Way Cranes Group / CFMEU Collective Agreement 2022-2025. The agreement was deemed to be compliant with all statutory requirements, and the Commission found that it was a genuine and fair negotiation outcome. The decision confirms the validity of the collective agreement, allowing it to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established