DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6470)

MASS HIRE PTY LTD 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, 10 AUGUST 2021

Application for approval of the MASS HIRE PTY LTD 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 MASS HIRE PTY LTD 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 17 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and MASS HIRE PTY LTD applied to the Fair Work Commission for approval of their Enterprise Agreement. The dispute involved the terms and conditions of employment for mobile crane operators and technicians within the hiring industry. The matter was heard by the Fair Work Commission, an Australian federal independent statutory body established by the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it complied with the "better off overall test" to ensure that employees were no worse off financially under the new agreement. The Commission also needed to consider if the agreement provided for a fair and efficient workplace.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable, meeting the legislative criteria. The Commission concluded that the agreement would not result in employees being worse off financially and would provide for a fair and efficient workplace. It also found that the agreement contained appropriate mechanisms for resolving disputes and ensuring the rights of employees were protected. The Commission approved the Enterprise Agreement, noting that it provided a balanced outcome for both employers and employees.

The Fair Work Commission approved the Enterprise Agreement, highlighting that it was in the best interests of the employees and provided for a fair and efficient workplace. The Commission's decision recognised the need to balance the interests of both parties while ensuring compliance with the Fair Work Act. The final orders included the approval of the Enterprise Agreement and the setting aside of any objections raised by the parties involved. The Commission's decision provides certainty and clarity for both employers and employees in the mobile crane hiring industry.

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