DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1106)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MAY 2020

Application for approval of the KNOWLES CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the KNOWLES CRANES PTY LTD 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 1 May 2020 and, in accordance with s 54, will operate from 8 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

The application for approval of the KNOWLES CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was before the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers within the mobile crane hiring industry. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the agreement, while Knowles Cranes Pty Ltd, an employer within the industry, contested certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues the court needed to decide revolved around whether the enterprise agreement contained terms that were contrary to public policy or unfair. The court had to ensure that the agreement did not discriminate against any group of employees, did not undermine the rights of employees to be represented by a union, and did not negatively impact the operation of the business. Additionally, the court considered whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes and if it was free from any terms that were contrary to the public interest.

The Fair Work Commission found that the agreement did not contain any terms that were contrary to public policy or unfair. The court was satisfied that the agreement did not discriminate against any group of employees, upheld the rights of employees to be represented by a union, and did not negatively impact the operation of the business. Furthermore, the court found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes and was free from any terms that were contrary to the public interest. Consequently, the court approved the agreement.

The Fair Work Commission approved the KNOWLES CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. The agreement now serves as a legally binding framework for the terms and conditions of employment for workers within 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