DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/103)

WILLIAMSTOWN CRANE HIRE PTY LTD T/AS MCKAY UNITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2020

Application for approval of the WILLIAMSTOWN CRANE HIRE PTY LTD T/As MCKAY UNITED and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the WILLIAMSTOWN CRANE HIRE PTY LTD T/As MCKAY UNITED and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 7 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Williamstown Crane Hire Pty Ltd T/As McKay United and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The application was contested by the employer, which raised objections on the basis that certain provisions in the proposed agreement were inconsistent with the Fair Work Act 2009 (Cth). The central legal issues revolved around whether the provisions in question were consistent with the statutory framework provided by the Fair Work Act.

The Fair Work Commission examined the provisions that the employer contested, focusing on their compliance with the Act. The Commission assessed whether the terms and conditions established in the agreement adhered to the protections and standards set out by the legislation. Key to this was determining if the provisions in dispute facilitated or undermined the balance between the rights of employers and employees as intended by the Act. The Commission also considered the broader context of industrial relations in the construction industry, including the need for flexibility and the protection of employee rights.

Having considered the arguments presented and the relevant provisions of the Fair Work Act, the Commission found that the contested provisions were consistent with the Act. The Commission determined that the terms and conditions set out in the agreement did not contravene the statutory requirements and were fair and reasonable under the circumstances. The Commission approved the enterprise agreement, confirming its compliance with the Act. Consequently, the Fair Work Commission ordered that the Williamstown Crane Hire Pty Ltd T/As McKay United and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 be approved as lodged.

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