DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3810)

TORQUE RIGGING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 OCTOBER 2019

Application for approval of the Torque Rigging 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 Torque Rigging 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 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 22 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Torque Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was heard in the Fair Work Commission. The CFMEU sought approval for the enterprise agreement, while Torque Rigging Pty Ltd opposed it on various grounds.

The central legal issues the court had to resolve were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the necessary conditions for approval. Specifically, the court needed to determine if the agreement had been fairly negotiated and if it included all necessary provisions, such as minimum wages and working conditions, as stipulated by the legislation.

The Fair Work Commission found that the agreement was fairly negotiated and contained all the required provisions. The court examined the process of negotiation, the terms of the agreement, and the evidence provided by both parties. It concluded that the agreement satisfied the legal criteria for approval and did not contain any terms that were contrary to public policy or unfair. Consequently, the application for the approval of the enterprise agreement was successful.

The court's final order was the approval of the Torque Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. This decision confirmed the agreement's validity and enforceability under the Fair Work Act 2009.

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