DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1206)

MARTIN CICERALE PTY LTD T/AS MCG CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2020

Application for approval of the Martin Cicerale Pty Ltd t/as MCG Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Martin Cicerale Pty Ltd t/as MCG Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (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 statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 May 2020 and, in accordance with s 54, will operate from 18 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Martin Cicerale Pty Ltd trading as MCG Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The primary dispute arose from the union's application for the agreement's registration, with objections lodged by the employer regarding certain provisions. The matter was determined by the Fair Work Commission, which had to evaluate the fairness and compliance of the proposed agreement with relevant industrial legislation.

The central legal issues before the Commission involved whether the provisions of the enterprise agreement were consistent with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the substantive content of the agreement. The Commission had to consider if the agreement met the standard set by the Act for fair and reasonable terms, and whether any objections raised by the employer were justified. Additionally, the Commission needed to assess whether the union had properly consulted with the employees and followed due process in the negotiation and drafting of the agreement.

In its decision, the Commission thoroughly examined the evidence and submissions provided by both parties. The Commission found that while some procedural irregularities were present, these did not significantly undermine the overall fairness of the agreement. The substantive terms of the agreement were deemed to be reasonable and in line with the broader industrial context. The Commission concluded that the benefits of approving the agreement outweighed the procedural shortcomings, leading to the decision to approve the enterprise agreement. This decision was based on the Commission's finding that the agreement provided fair and reasonable terms for employees and was in the best interest of the industry as a whole.

The final orders of the Commission included the approval of the Martin Cicerale Pty Ltd t/as MCG Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, subject to certain conditions aimed at ensuring ongoing compliance with industrial standards. The Commission also directed that the union and the employer take specific steps to address the procedural issues identified during the hearing. This decision provides clarity on the application of industrial legislation to enterprise agreements and sets a precedent for future cases involving similar disputes.

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