Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 316

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4374)

MAJOR CRANE LOGISTICS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 JANUARY 2013

Application for approval of the Major Crane Logistics Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Major Crane Logistics Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] The CFMEU, 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the Major Crane Logistics Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The primary dispute centred around the fairness and reasonableness of the proposed agreement, which was intended to govern the employment conditions of workers at Major Crane Logistics. The Commission was tasked with ensuring the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission required a thorough examination of the proposed agreement's provisions, including its compliance with the relevant sections of the Fair Work Act. The Commission needed to assess whether the agreement met the requirements of being 'freely' negotiated, 'not misleading or deceptive', and 'not having an adverse effect on the operation of other agreements'. Furthermore, the Commission had to determine if the agreement was 'in the interests of fairness', considering the bargaining power of the parties and the broader impact on the industry.

The Commission found that the proposed agreement was largely in line with the statutory requirements. The bargaining process was deemed to be fair, and the agreement was considered to be free of any misleading or deceptive content. The Commission concluded that the agreement would not have an adverse effect on other agreements and was in the interests of fairness. The analysis included a review of the negotiation process and the balance of power between Major Crane Logistics and the CFMEU. Ultimately, the Commission approved the agreement, recognising its fairness and reasonableness within the context of the industry.

The Fair Work Commission's decision was to approve the Major Crane Logistics Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The Commission's final orders confirmed the agreement's approval, effective from the date specified in the application. This decision ensured that the terms of the agreement would govern the employment conditions for the relevant workers, subject to the provisions outlined in the Fair Work Act.

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