DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6774)

WILLIAMSTON CRANE HIRE PTY. LTD. T/AS MCKAY UNITED CRANE HIRE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 AUGUST 2021

Application for approval of the WILLIAMSTON CRANE HIRE PTY. LTD. T/As MCKAY UNITED CRANE HIRE and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the
WILLIAMSTON CRANE HIRE PTY. LTD. T/As MCKAY UNITED CRANE HIRE and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Williamston Crane Hire Pty. Ltd. (trading as McKay United Crane Hire) sought approval for the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023. The agreement sought to establish terms and conditions for mobile crane operators employed by the company. The Commission was tasked with assessing whether the proposed agreement was suitable for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Act. This involved scrutinising whether the agreement covered a sufficient proportion of employees, whether it had been genuinely negotiated between the parties, and whether it adhered to the provisions of the Fair Work Act. Furthermore, the Commission had to determine if the agreement contained provisions that were contrary to public policy or that undermined the operation of the national workplace relations system.

The Commission found that the agreement had been negotiated in good faith and covered a sufficient proportion of employees within the relevant industry. It noted that the agreement incorporated a mix of industry-specific and general provisions, ensuring it was comprehensive and relevant to the workforce. The Commission determined that the agreement did not contain any provisions that were contrary to public policy or that undermined the national workplace relations system. Consequently, the Commission approved the agreement for registration, recognising its fairness and suitability for the industry.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 for registration. This decision ensured that the agreement would provide a stable framework for employment conditions within the mobile crane hiring industry, benefiting both employers and employees.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established