Quinlan Cranes Pty Ltd

[2021] FWCA 5912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Quinlan Cranes Pty Ltd

(AG2021/7376)

Quinlan Cranes Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2021

Application for approval of the Quinlan Cranes Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023

Quinlan Cranes Pty Ltd has made an application for approval of an enterprise agreement known as the Quinlan Cranes Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 21 September 2021 and, in accordance with s 54, will operate from 28 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Quinlan Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) applied for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement, if approved, would govern the terms and conditions of employment for mobile crane operators within the industry. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover.

The primary legal issues before the Commission were whether the agreement was genuinely a bargain between the parties, whether it complied with the relevant provisions of the Fair Work Act, and whether it would have a fair and reasonable effect on the employees. The Commission also had to consider whether the agreement adequately addressed the needs and interests of the employees and if it was likely to improve workplace relations.

The Commission found that the agreement was genuinely a bargain between the parties and that it complied with the statutory requirements under the Fair Work Act. It concluded that the agreement was fair and reasonable, taking into account the parties' bargaining positions and the industry context. The Commission further determined that the agreement would have a positive effect on workplace relations and was likely to improve conditions for the employees it covered. Based on these findings, the Commission approved the agreement, subject to certain conditions that were designed to ensure ongoing compliance with the Fair Work Act.

The Commission's final orders included the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, with the conditions that the parties must notify the Commission of any variations to the agreement, that the agreement must be displayed in a prominent location at each workplace, and that the parties must provide regular reports to the Commission on the agreement's implementation. The Commission also ordered that the agreement would remain in effect until the next scheduled review or until terminated in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established