DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4107)

VECCHIARELLI FAMILY TRUST (THE TRUSTEE FOR) T/AS GLADIATOR CRANES PTY LTD AND CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 7 NOVEMBER 2019

Application for approval of the Vecchiarelli Family Trust (The Trustee For) T/As Gladiator Cranes Pty Ltd and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Vecchiarelli Family Trust (The Trustee For) T/As Gladiator Cranes Pty Ltd and 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 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 14 November 2019. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Vecchiarelli Family Trust, trading as Gladiator Cranes Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 met the statutory requirements under the Fair Work Act 2009 for registration and approval by the Commission. The parties contested various aspects of the agreement, including the definition of "employees" and the provisions concerning redundancy entitlements.

The legal issues before the Commission included the interpretation of the terms within the enterprise agreement, specifically whether the definition of employees was sufficiently broad to encompass all relevant workers and whether the redundancy provisions complied with the statutory framework. The Commission had to determine whether the agreement provided for the fair and reasonable terms and conditions of employment, as required by section 230 of the Fair Work Act 2009. Additionally, the Commission needed to assess if the agreement was consistent with the "better off overall test" and if it met the other mandatory criteria set forth in the Act.

In its decision, the Fair Work Commission examined the definitions and provisions within the agreement. It found that the definition of employees was sufficiently comprehensive to cover all intended workers and that the redundancy provisions were in line with the statutory requirements. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and satisfied the "better off overall test." Therefore, the Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009.

As a result of the decision, the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was registered and approved by the Fair Work Commission. The agreement now binds the Vecchiarelli Family Trust, trading as Gladiator Cranes Pty Ltd, and the employees covered by the agreement for the specified period. The parties are required to adhere to the terms and conditions set forth in 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