DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4611)

INTERNATIONAL RIGGING & HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 DECEMBER 2019

Application for approval of the INTERNATIONAL RIGGING & HIRE 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 INTERNATIONAL RIGGING & HIRE 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 18 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the International Rigging & Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was contested by the employer, International Rigging & Hire Pty Ltd, raising objections concerning certain provisions of the agreement.

The primary legal issues before the Commission centred on whether the provisions of the enterprise agreement complied with the Fair Work Act 2009. Specifically, the employer argued that certain clauses contravened the Act by mandating unfair and unreasonable work conditions and imposing excessive financial penalties. The CFMEU contended that the provisions were necessary to ensure fair treatment and safety standards for workers in the mobile crane hiring industry.

The Fair Work Commission, after considering the arguments and evidence presented by both parties, determined that the provisions in question were not contrary to the Act. The Commission found that the provisions were reasonable in terms of the fairness and safety of the employees and did not impose undue financial burdens on the employer. Consequently, the Commission approved the enterprise agreement, rejecting the employer's objections and upholding the provisions as valid and enforceable under the Fair Work Act 2009.

The Commission ordered the approval of the International Rigging & Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the Commission's decision. The employer was directed to give effect to the approved agreement and ensure compliance with its terms and conditions.

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