DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2185)

BRINZCON PTY. LTD. AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2020

Application for approval of the Brinzcon Pty. Ltd. and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the Brinzcon Pty. Ltd. and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2020. The nominal expiry date of the Agreement is 30 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Brinzcon Pty. Ltd. The dispute concerns the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019. The Fair Work Commission (FWC) was tasked with determining whether this agreement met the legal requirements for registration under the Fair Work Act 2009.

The legal issues before the FWC involved assessing if the agreement contained all the mandatory terms and conditions stipulated by the Act, and whether it was made in good faith. The CFMEU argued that the agreement sufficiently covered all mandatory terms and was negotiated in good faith. Conversely, Brinzcon Pty. Ltd. contested that certain provisions of the agreement were not in line with the requirements of the Act, and that the negotiation process did not meet the standard of good faith.

In reaching its decision, the FWC examined the specific provisions of the agreement, including wage rates, working hours, and other employment conditions. The Commission determined that the agreement included all mandatory terms as required by the Act and was made in good faith. The FWC found that the negotiation process was transparent and that both parties had acted reasonably in reaching the agreement. Based on these findings, the FWC approved the agreement for registration.

The FWC's final order was the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019, affirming its compliance with the Fair Work Act and its registration as a legally binding enterprise agreement between the CFMEU and Brinzcon Pty. Ltd.

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