Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/654)

B. & M. DORRINGTON 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 LEE	MELBOURNE, 21 MARCH 2022

Application for approval of the B. & M. DORRINGTON 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 B. & M. DORRINGTON 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 28 March 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 involved an application for approval of an enterprise agreement between B. & M. Dorrington Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees and if it contained appropriate provisions for minimum wages and conditions. The Commission also needed to assess if the agreement was fairly negotiated and if it complied with the relevant industrial instruments.

The Commission found that the agreement was in the best interests of the employees, as it provided for a reasonable balance of benefits and did not adversely affect the employees' overall conditions. The agreement contained provisions that met or exceeded the minimum wage and conditions as required by law. Furthermore, the evidence showed that the agreement had been fairly negotiated between the parties, and it did not conflict with any applicable industrial instruments. Consequently, the Commission approved the enterprise agreement, noting its overall benefits to the employees and compliance with the relevant legal framework.

The Fair Work Commission approved the B. & M. Dorrington Pty Ltd and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, finding it met the statutory requirements and was in the best interests of the employees.

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