DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/330)

R L SERVICES AUSTRALIA PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the R L Services Australia 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 R L Services Australia 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 25 February 2020 and, in accordance with s 54, will operate from 3 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement with R L Services Australia Pty Ltd, which covers the hiring of mobile cranes. The application was brought before the Fair Work Commission, a tribunal with specialised expertise in employment and workplace relations matters. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it was made in the spirit of cooperative behaviour and whether it included provisions for the resolution of future disputes.

The central legal issues before the Commission were whether the agreement satisfied the "better off overall test" and if it included appropriate dispute resolution mechanisms. The CFMEU argued that the agreement was in the spirit of cooperative behaviour and that it provided for fair and effective dispute resolution. R L Services Australia Pty Ltd contended that certain provisions of the agreement were not in the spirit of cooperative behaviour and that the dispute resolution provisions were insufficient.

The Commission found that the agreement did indeed meet the better off overall test and was made in the spirit of cooperative behaviour. The provisions for dispute resolution were deemed adequate, allowing for the fair and efficient resolution of future disputes. The Commission was satisfied that the agreement provided a comprehensive framework for addressing any employment-related issues that may arise during its term.

The Commission approved the enterprise agreement, noting the balanced approach taken by both parties in its negotiation and the provisions for effective dispute resolution. The decision confirmed the agreement's validity and its binding effect on the parties involved.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established