Vamp Cranes Hire Pty Ltd Summary

[2024] FWCA 4280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vamp Cranes Hire Pty Ltd

(AG2024/2612)

VAMP CRANES HIRE PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 3 DECEMBER 2024

Application for approval of the Vamp Cranes Hire Pty Ltd / CFMEU South Australia Greenfields Enterprise Agreement 2023

An application has been made for approval of a greenfields agreement known as the Vamp Cranes Hire Pty Ltd / CFMEU South Australia Greenfields Enterprise Agreement 2023 (Agreement). The application was made by Vamp Cranes Hire Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

Pursuant to s.205A of the Act, the delegates’ rights term prescribed by the Mobile Crane Hiring Award 2020 is taken to be a term of the Agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 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

The application for approval of the CFMEU South Australia Greenfields Enterprise Agreement 2023 involved Vamp Cranes Hire Pty Ltd. The dispute centred on the terms of the enterprise agreement, which was proposed for endorsement under the Fair Work Act 2009. The Fair Work Commission heard the matter, assessing whether the agreement met the statutory criteria for approval.

The primary legal issues before the Commission were whether the agreement was "better off overall" for the employees and if it included appropriate mechanisms for dispute resolution. The Commission had to determine if the proposed terms provided a fair balance of benefits and obligations between the employer and the employees. It also needed to consider whether the agreement complied with the requirements of the Fair Work Act.

In assessing the agreement, the Commission took into account the economic circumstances of the parties, the bargaining power of both the employer and the employees, and the fairness of the terms and conditions proposed. The Commission found that the agreement provided for a fair and reasonable balance between the interests of the employer and the employees. It concluded that the agreement was likely to be better off overall for the employees, as it included provisions for wage increases, improved working conditions, and adequate dispute resolution mechanisms. The Commission approved the enterprise agreement, finding that it met the statutory criteria for endorsement.

The Fair Work Commission's decision was to approve the CFMEU South Australia Greenfields Enterprise Agreement 2023. The approval was based on the finding that the agreement was fair and reasonable, providing a balance of benefits and obligations for both the employer and the employees. The Commission also noted that the agreement complied with the requirements of the Fair Work Act, including the provision for effective dispute resolution mechanisms. The approval of the agreement ensures that it will govern the employment conditions of the employees of Vamp Cranes Hire Pty Ltd for the specified period.

Vamp Cranes Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established