DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3399)

BD FAMILY TRUST (THE TRUSTEE FOR) & BRENT COLEMAN FAMILY TRUST (THE TRUSTEE FOR) (“COMPANY”) AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 SEPTEMBER 2019

Application for approval of the BD FAMILY TRUST (THE TRUSTEE FOR) & BRENT COLEMAN FAMILY TRUST (THE TRUSTEE FOR) (“Company”) 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 BD FAMILY TRUST (THE TRUSTEE FOR) & BRENT COLEMAN FAMILY TRUST (THE TRUSTEE FOR) (“Company”) 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 30 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the BD Family Trust and the Brent Coleman Family Trust, sought approval of a proposed enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was heard in the Fair Work Commission. The central legal issue was whether the proposed agreement met the statutory requirements for approval and if it contained appropriate provisions for the hiring of mobile cranes in the relevant industry.

The Commission examined the agreement's provisions for wages, conditions, dispute resolution, and other employment terms. It considered if the agreement complied with the Fair Work Act 2009 and if it was in the best interest of the employees and employers. The Commission also assessed whether the agreement was a "better off overall test" (BOOT) for the majority of employees.

Upon reviewing the proposed agreement, the Commission found it to be compliant with the statutory requirements and deemed it to be a BOOT for the majority of employees. The agreement contained appropriate provisions for wages, conditions, and dispute resolution mechanisms, which were deemed fair and reasonable. Therefore, the Commission approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

The Fair Work Commission approved the proposed agreement, allowing it to be implemented for the specified period. This decision provides clarity for employers and employees in the mobile crane hiring industry and ensures the agreement meets the necessary legislative requirements.

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