Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 37

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6420)

Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 3 JANUARY 2018

Application for approval of the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2017-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, 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, 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 10 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union brought an application before the Fair Work Commission to approve a collective agreement with Everwilling Tower Cranes Pty Ltd. The dispute centred on the terms and conditions outlined in the proposed agreement, which was to cover the period from 2017 to 2018. The parties contested several issues, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the court were primarily focused on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically regarding its compliance with the "better off overall test" (BOOT). This test required the court to consider whether the agreement provided employees with conditions that were at least as favourable as those they would have obtained through individual contracts. Furthermore, the court needed to assess if the agreement was made in good faith and was free from any coercion or undue influence.

In its decision, the Fair Work Commission determined that the collective agreement met the statutory requirements for approval. The court found that the agreement provided employees with conditions that were at least as favourable as those they would have obtained individually, satisfying the BOOT. The Commission also concluded that the agreement was made in good faith and did not involve any coercion or undue influence. Therefore, the court approved the collective agreement for the specified period.

The final orders of the Commission were that the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved and registered, effective from the date of the decision. The agreement would apply to all employees covered by it, providing them with the terms and conditions as outlined in the approved document.

Construction, Forestry, 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