CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5173)

L & L CRANE HIRE AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the L & L Crane Hire and CFMEU Union Collective Agreement 2015-2019.

[1] The decision issued by the Fair Work Commission on 8 October 2015 [[2015] FWCA 6960, AE416088 PPR572739] is corrected as follows:

By deleting the nominal expiry date of 2 July 2015 appearing in paragraph [4] of the Decision and inserting 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The decision involved the approval of a collective agreement between L & L Crane Hire and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2019. The application for approval was submitted under the Fair Work Act 2009. The primary issue before the Fair Work Commission was to determine whether the proposed collective agreement met the necessary requirements for approval under the Act, including considerations of the agreement's fairness and compliance with the relevant legislative framework.

The Commission considered several key legal issues, including whether the agreement provided for fair terms and conditions of employment, and whether it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the Commission examined whether the agreement was genuinely negotiated and if it contained appropriate mechanisms for resolving disputes. The Commission also had to verify that the agreement was not contrary to public policy or inconsistent with any other applicable law.

The Commission found that the collective agreement met all the necessary criteria for approval. It concluded that the agreement was fairly negotiated, provided for fair terms and conditions, and included appropriate dispute resolution mechanisms. Furthermore, the Commission determined that the agreement did not contravene any public policy or other applicable laws. Consequently, the Commission approved the L & L Crane Hire and CFMEU Union Collective Agreement 2015-2019, subject to the correction of a typographical error regarding the expiry date, which was corrected from 2 July 2015 to 2 July 2019.

In summary, the Fair Work Commission approved the collective agreement, correcting the typographical error in the expiry date. The decision underscores the importance of ensuring that collective agreements comply with legislative requirements and are negotiated fairly, providing clarity for employers and unions in similar situations.

Application for approval of the L & L Crane Hire and CFMEU Union Collective Agreement 2015-2019.

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established