Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/842)

DIRECT CRANES HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 April 2022

Application for approval of the DIRECT CRANES HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the DIRECT CRANES HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (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 11 April 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a proposed enterprise agreement between Direct Cranes Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the Mobile Crane Hiring Industry. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The application for approval of the enterprise agreement was made by the CFMEU, who represented the employees in the mobile crane hiring industry. The dispute centred on the terms and conditions of employment under the proposed agreement, including pay rates, working hours, and other employment-related matters.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, including the need for the agreement to be in the best interests of the employees it covers, to provide for the proper regulation of employment, and to promote harmonious, productive and cooperative workplace relations. The Commission had to assess whether the agreement provided for a fair and equitable resolution of the terms and conditions of employment for the employees in the mobile crane hiring industry.

The Commission found that the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. The agreement provided for fair and equitable terms and conditions of employment, including pay rates, working hours, and other employment-related matters. The Commission considered that the agreement promoted harmonious, productive and cooperative workplace relations, and provided for the proper regulation of employment. The Commission was satisfied that the agreement was in the best interests of the employees it covered.

The Fair Work Commission approved the proposed enterprise agreement between Direct Cranes Hire Pty Ltd and the CFMEU for the Mobile Crane Hiring Industry. The approved agreement will now apply to the employees covered by it, providing them with the terms and conditions of employment set out in 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