DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4726)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2019

Application for approval of the CRANE LIFT 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 CRANE LIFT 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 18 December 2019 and, in accordance with s 54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and CRANE LIFT AUSTRALIA PTY LTD. The dispute centred on the application for approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission, which is responsible for the approval and regulation of enterprise agreements under the Fair Work Act 2009.

The central legal issues that the court needed to address were whether the agreement met the formal requirements of the Fair Work Act, including whether it was properly negotiated and whether it complied with the provisions relating to the protection of employees' rights. Additionally, the court had to determine if the agreement provided adequate protections for employees and if it was in the best interests of the employees involved.

The court examined the negotiation process and found that the agreement had been fairly and genuinely negotiated between the parties. It also assessed the terms of the agreement against the provisions of the Fair Work Act, concluding that the agreement did not undermine the protections provided by the Act. The court found that the agreement provided fair and reasonable terms for the employees and was in their best interests, taking into account the nature of the industry and the bargaining positions of the parties. The court approved the agreement based on these findings.

The final orders of the court were to approve the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the employees covered by the agreement. The court's decision provided clarity and certainty for the parties involved and established a framework for the regulation of the industry under the approved 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