DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6547)

PRESTON HIRE (VIC) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 AUGUST 2021

Application for approval of the Preston Hire (Vic) Pty Limited and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Preston Hire (Vic) Pty Limited and the CFMEU (Victorian Construction and General Division) Mobile Crane Hiring Industry Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 9 August 2021 and, in accordance with s 54, will operate from 16 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Preston Hire (Vic) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of their Enterprise Agreement. The dispute was heard by the Fair Work Commission, an Australian federal independent statutory tribunal. The applicants sought the approval of their Mobile Crane Hiring Industry Enterprise Agreement 2020-2023, which outlined the terms and conditions of employment for employees in the mobile crane hiring industry.

The legal issues before the Commission were whether the Enterprise Agreement met the requirements of the Fair Work Act 2009, specifically sections 228 and 230. Section 228 requires that an agreement must be in writing and contain certain minimum terms and conditions. Section 230 requires that an agreement must not have the effect of prejudicing the operation of any registered organisation. The Commission considered whether the agreement met these requirements and whether it had any prejudicial effect on the operation of any registered organisation.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and did not have any prejudicial effect on the operation of any registered organisation. The Commission noted that the agreement provided for a fair and reasonable outcome for both employers and employees in the mobile crane hiring industry. The Commission also noted that the agreement provided for a streamlined dispute resolution process that would reduce the likelihood of industrial action. The Commission approved the Enterprise Agreement.

The Commission made orders approving the Enterprise Agreement and setting out the effective date of the agreement. The agreement was approved subject to certain conditions, including that the agreement be reviewed by the Commission after two years. The Commission also made orders allowing for the agreement to be registered with the Australian Industrial Relations Commission. The orders were made on the basis that the agreement met the requirements of the Fair Work Act 2009 and did not have any prejudicial effect on the operation of any registered organisation.

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