DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2809)

IC HIRE PTY LTD T/AS INDEPENDENT CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 15 AUGUST 2019

Application for approval of the IC Hire Pty Ltd T/As Independent Cranes 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 IC Hire Pty Ltd T/As Independent Cranes 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 22 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and IC Hire Pty Ltd, trading as Independent Cranes. The dispute centred on the application for the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The matter was heard by the Fair Work Commission, which is the tribunal responsible for dealing with workplace relations disputes in Australia.

The legal issues before the Commission were primarily concerned with whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved ensuring that the agreement met the criteria for being a simple, low-risk agreement and that it did not contain any terms that were contrary to public policy or industrial awards. The Commission also had to consider if the agreement had been fairly negotiated and whether it contained appropriate dispute resolution mechanisms.

In examining the application, the Commission found that the agreement was a simple, low-risk one, as it primarily dealt with standard employment terms and conditions. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or industrial awards, and it was fairly negotiated between the parties. The Commission also noted that the agreement included appropriate dispute resolution mechanisms, which were consistent with the requirements of the Fair Work Act. Consequently, the Commission approved the application and registered the enterprise agreement.

The final orders of the Commission included the registration of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 as a certified agreement under the Fair Work Act. This registration ensured that the agreement would be enforceable and would provide the basis for the employment conditions of the workers covered by 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