DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2498)

SUPER RAIN PTY LTD AND CFMEU CRANE SECTOR ENTERPRISE AGREEMENT (ACT) 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 26 JULY 2019

Application for approval of the SUPER RAIN Pty Ltd and CFMEU Crane Sector Enterprise Agreement (ACT) 2019.

[1] An application has been made for approval of an enterprise agreement known as the SUPER RAIN Pty Ltd and CFMEU Crane Sector Enterprise Agreement (ACT) 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 2 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter before the Australian Industrial Relations Commission were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SUPER RAIN Pty Ltd. The dispute centred on the application for approval of the CFMEU Crane Sector Enterprise Agreement (ACT) 2019. This agreement, if approved, would establish the terms and conditions of employment for crane operators under the jurisdiction of the ACT.

The legal issues that the Commission was required to decide were whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test', which requires that employees be no worse off financially and at least as well off in terms of other conditions compared to their previous conditions of employment.

The Commission found that the proposed agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions. The agreement was deemed to comply with the 'better off overall test', as it offered improved wages and conditions for the employees. Additionally, the Commission found that the agreement complied with the relevant provisions of the Fair Work Act 2009. As such, the Commission approved the application for the CFMEU Crane Sector Enterprise Agreement (ACT) 2019.

In summary, the Australian Industrial Relations Commission approved the application for the CFMEU Crane Sector Enterprise Agreement (ACT) 2019, finding that it was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. The agreement establishes the terms and conditions of employment for crane operators in the ACT, providing for improved wages and conditions for the employees.

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