DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1415)

SHEPPARD CRANES AND RIGGING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Sheppard Cranes and Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019 (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 8 June 2020. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Sheppard Cranes and Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred on the terms of the proposed enterprise agreement and its compliance with relevant industrial laws. The matter was heard by the Fair Work Commission, an Australian statutory body responsible for resolving disputes and making decisions in the workplace relations system.

The legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including provisions concerning employee protections, minimum entitlements, and the process for bargaining and agreement making. A key concern was whether the agreement provided adequate safeguards for employees' rights and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement complied with the statutory obligations regarding the coverage of employees and the scope of the agreement.

The Commission found that the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009. It determined that the agreement provided appropriate protections for employees, adhered to the principles of good faith bargaining, and was not made under any form of coercion. The Commission was satisfied that the agreement covered all relevant employees and that it appropriately defined the scope of the agreement. Consequently, the Commission approved the Sheppard Cranes and Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

The Fair Work Commission approved the enterprise agreement, confirming that it complied with the Fair Work Act 2009 and all other relevant laws. This decision resolved the dispute between the CFMEU and Sheppard Cranes and Rigging Pty Ltd, ensuring that the agreement could be implemented as intended.

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