Construction, Forestry, Mining and Energy Union

[2013] FWCA 5129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1845)

WEST SIDE CRANES PTY LTD & ULTRA-LIFT CRANES PTY LTD T/AS TWO WAY CRANES/CFMEU COLLECTIVE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2013

Application for approval of the West Side Cranes Pty Ltd & Ultra-Lift Cranes Pty Ltd t/as Two Way Cranes/CFMEU Collective Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known asthe West Side Cranes Pty Ltd & Ultra-Lift Cranes Pty Ltd t/as Two Way Cranes/CFMEU Collective Agreement 2012-2015 (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, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union NSW Construction and General Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and two companies, West Side Cranes Pty Ltd and Ultra-Lift Cranes Pty Ltd, trading as Two Way Cranes. The primary dispute pertained to the application for the approval of a collective agreement between the CFMEU and the two companies for the period 2012-2015. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The central legal issues before the court involved determining whether the proposed collective agreement met the necessary legal criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement complied with the statutory requirements for good faith bargaining, covered the necessary terms and conditions of employment, and did not include any unfair provisions that might contravene the spirit of the Act. Additionally, the court examined whether the agreement was fair and reasonable, taking into account the broader economic and social context.

The court meticulously reviewed the terms of the agreement and the processes by which it was negotiated. It found that the agreement was the product of genuine good faith bargaining, as evidenced by the documented negotiations and the inclusion of essential terms and conditions of employment. The court concluded that the agreement was fair and reasonable, did not contain any unfair provisions, and was in line with the statutory requirements for collective agreements. Therefore, the court approved the collective agreement.

In light of the findings, the court approved the application for the collective agreement between the CFMEU and West Side Cranes Pty Ltd & Ultra-Lift Cranes Pty Ltd t/as Two Way Cranes for the period 2012-2015. The approval was based on the court’s determination that the agreement met all necessary legal criteria and was fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established