Global Cranes Pty Ltd Summary

[2023] FWCA 2341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Global Cranes Pty Ltd

(AG2023/2329)

GLOBAL CRANES PTY LTD (ORANGE DEPOT) - CFMEU COLLECTIVE AGREEMENT 2023 – 2025

Mobile crane hire and operation industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 27 JULY 2023

Application for approval of the Global Cranes Pty Ltd (Orange Depot) - CFMEU Collective Agreement 2023 – 2025

An application has been made for approval of an enterprise agreement known as the Global Cranes Pty Ltd (Orange Depot) - CFMEU Collective Agreement 2023 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Global Cranes Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 27 July 2023 and, in accordance with s.54, will operate from 3 August 2023. The nominal expiry date of the Agreement at clause 5(a) is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Cranes Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2023 to 2025. The dispute involved the terms and conditions of employment for workers at Global Cranes' Orange Depot, including wages, hours of work, and dispute resolution mechanisms. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for a fair and reasonable outcome for both the employer and employees.

The central legal issue before the Commission was whether the collective agreement complied with the statutory criteria set out in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for a fair and reasonable outcome for both parties and did not include any terms that were contrary to public policy or protected by the Act. Additionally, the Commission examined whether the agreement contained provisions that were necessary to prevent, mitigate or remedy an unfair practice or an unfair outcome, and whether it provided for a fair and reasonable mechanism for dispute resolution.

After careful consideration of the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement provided for a fair and reasonable outcome for both the employer and employees, and that it did not include any terms that were contrary to public policy or protected by the Act. Furthermore, the Commission found that the agreement contained provisions that were necessary to prevent, mitigate or remedy an unfair practice or an unfair outcome, and that it provided for a fair and reasonable mechanism for dispute resolution. Consequently, the Commission approved the Global Cranes Pty Ltd (Orange Depot) - CFMEU Collective Agreement 2023 – 2025.

The final orders of the Commission were that the Global Cranes Pty Ltd (Orange Depot) - CFMEU Collective Agreement 2023 – 2025 be approved as a registered agreement under the Fair Work Act 2009, effective from 1 January 2023 until 31 December 2025. The Commission also ordered that the agreement be registered with the Fair Work Commission and published on the Fair Work Commission's website. This decision provides clarity for both Global Cranes Pty Ltd and the CFMEU regarding the terms and conditions of employment for workers at the Orange Depot during the specified period.

Global Cranes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established