Morgan's Cranes Pty Ltd

[2024] FWCA 2339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Morgan's Cranes Pty Ltd

(AG2024/2089)

MORGAN'S CRANES PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2024

Application for approval of the Morgan's Cranes Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Morgan’s Cranes Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morgan’s Cranes Pty Ltd. 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 and Maritime Employees 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 1 July 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Morgan's Cranes Pty Ltd sought approval of the Morgan's Cranes Pty Ltd / CFMEU South Australia Enterprise Agreement 2023. The respondent, CFMEU South Australia, opposed the application on various grounds, including the adequacy of the agreement in terms of the enterprise's workforce, the absence of adequate consultation processes, and the failure to adequately address the needs of employees. The central issue for determination was whether the agreement complied with the relevant statutory requirements and whether it was fair and reasonable in all its terms.

The Commission considered whether the agreement appropriately covered the entire workforce of the enterprise, ensuring that all employees were included. It also examined the consultation processes followed during the negotiation of the agreement to determine if they were robust and adequate. Furthermore, the Commission assessed whether the agreement provided fair and reasonable terms for employees, including wages, conditions, and dispute resolution mechanisms. The Commission held that the agreement was comprehensive in its coverage of the workforce and that the consultation processes were adequate, but noted that certain provisions concerning employee entitlements required amendment to meet statutory standards.

Ultimately, the Commission approved the agreement subject to amendments to certain provisions. The amendments were designed to ensure compliance with the relevant legislative requirements and to address the concerns raised by the respondent regarding employee entitlements. The Commission emphasised the importance of the agreement being fair and reasonable for all parties involved, and it was satisfied that the proposed amendments achieved this objective.

The Fair Work Commission approved the Morgan's Cranes Pty Ltd / CFMEU South Australia Enterprise Agreement 2023, subject to the specified amendments. The enterprise and the union were directed to implement the necessary changes and notify the Commission within a specified timeframe. This decision underscored the importance of ensuring that enterprise agreements are fair, comprehensive, and in compliance with statutory obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established