| [2024] FWCA 4278 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Vamp Cranes (SA) Pty Ltd
(AG2024/2611)
VAMP CRANES (SA) PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELD MOBILE CRANE ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 3 DECEMBER 2024 |
Application for approval of the Vamp Cranes (SA) Pty Ltd / CFMEU South Australia Greenfield Mobile Crane Enterprise Agreement 2023
An application has been made for approval of a greenfields agreement known as the Vamp Cranes (SA) Pty Ltd / CFMEU South Australia Greenfield Mobile Crane Enterprise Agreement 2023 (Agreement). The application was made by Vamp Cranes (SA) 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
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- AGLC
- Vamp Cranes (SA) Pty Ltd [2024] FWCA 4278
- Case
- [2024] FWCA 4278
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, was free from any improper conduct, and met the other statutory criteria for approval. The court also considered whether the agreement provided for fair and reasonable terms and conditions of employment.
The court examined the evidence and arguments presented by both parties. It concluded that the agreement was made in good faith and without any improper conduct. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, working hours, leave entitlements, and dispute resolution mechanisms. The court determined that the agreement met all the statutory criteria for approval.
Accordingly, the court approved the Vamp Cranes (SA) Pty Ltd / CFMEU South Australia Greenfield Mobile Crane Enterprise Agreement 2023. The agreement now formally governs the employment conditions of the employees represented by the CFMEU South Australia at Vamp Cranes (SA) Pty Ltd.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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