Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch Summary

[2023] FWCA 895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch

(AG2023/642)

COMPACT CRANES PTY LTD AS TRUSTEE FOR SUMMERHAYES FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 MARCH 2023

Application for approval of the COMPACT CRANES PTY LTD AS TRUSTEE FOR SUMMERHAYES FAMILY TRUST 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 COMPACT CRANES PTY LTD AS TRUSTEE FOR SUMMERHAYES FAMILY TRUST 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-Construction and General Division, Victoria-Tasmania Divisional Branch. 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 4 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Compact Cranes Pty Ltd as trustee for the Summerhayes Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission, the relevant industrial relations tribunal in Australia. The union and the employer submitted that the proposed agreement was fit for purpose and should be approved, while a third party, a crane hire business, opposed the application on the grounds that the agreement contained provisions that were not in the best interests of the employees.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 231 and 232. Section 231 requires that the agreement provides for fair and reasonable terms and conditions, while section 232 requires that the agreement be in the best interests of the employees. The Commission considered the arguments from all parties and examined the provisions of the agreement in detail.

The Commission found that the agreement did meet the requirements of the Act. The provisions were considered fair and reasonable and in the best interests of the employees. The Commission was satisfied that the agreement provided for appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and conditions of work. The Commission also noted that the agreement had been negotiated in good faith and that the union had provided adequate representation for the employees.

As a result, the Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement will now be registered and will apply to the employees covered by the agreement. The decision of the Commission is final and binding on all parties.

Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Victoria-Tasmania Divisional Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established