DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/306)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Access Cranes Australia 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 Access Cranes Australia 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 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 28 February 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 case before the court involved an application by Access Cranes Australia Pty Ltd for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Fair Work Commission before they can be registered and enforced. The union did not oppose the application, but questioned whether the agreement met the requirements of the Fair Work Act.

The primary legal issue for the court was whether the agreement contained all the necessary terms as required by the Fair Work Act, and whether it met the criteria for approval under section 233 of the Act. The court had to examine the agreement to ensure it was fair and reasonable, and whether it included the minimum terms set out in the Act. Additionally, the court had to determine if the agreement was genuinely negotiated between the parties and whether it had been properly certified by the union.

The court found that the agreement met all the requirements for approval under the Fair Work Act. It contained all the necessary terms, including the minimum terms, and was found to be fair and reasonable. The court was satisfied that the agreement had been genuinely negotiated and properly certified by the union. As a result, the court approved the agreement and it was registered with the Fair Work Commission.

The court ordered the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, which was registered with the Fair Work Commission. The agreement will now be binding on all employees covered by it and employers who are parties to it. This decision provides clarity for employers and employees in the mobile crane hiring industry, and ensures that they are covered by a fair and reasonable enterprise agreement.

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