DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4507)

MULHERIN RIGGING & CRANES AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2019

Application for approval of the Mulherin Rigging & Cranes Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Mulherin Rigging & Cranes Australia Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2019. The nominal expiry date of the Agreement is 2 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Mulherin Rigging & Cranes Australia Pty Ltd. The agreement in question was for the period 2018 to 2019, and the dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was in the interests of employees, and whether it was fair and reasonable, taking into account a range of factors including the nature of the work, the terms and conditions of employment, and the overall economic climate.

The central legal issue was whether the agreement was consistent with the principles of fairness and reasonableness as outlined in the Fair Work Act. Specifically, the Commission needed to assess if the agreement provided a fair balance between the rights and obligations of the employer and the employees. Additionally, the Commission had to consider if the agreement met the standards of good faith bargaining and if it was likely to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission, after considering the submissions from both parties and the broader context of industrial relations, found that the agreement did meet the criteria for approval. The Commission concluded that the agreement was fair and reasonable, taking into account the economic conditions, the nature of the work, and the specific circumstances of the employer and employees. The Commission was satisfied that the agreement provided a fair balance of rights and obligations and promoted good faith bargaining and cooperative workplace relations. As a result, the Commission approved the 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