DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2205)

B & M DORRINGTON PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2019

Application for approval of the B & M DORRINGTON 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 B & M DORRINGTON 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 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 12 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the B & M Dorrington Pty Ltd and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was made on behalf of the parties involved in the mobile crane hiring industry. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The legal issues before the Commission involved the validity of the proposed enterprise agreement and whether it complied with the Fair Work Act 2009. The Commission had to consider if the agreement was genuinely negotiated, if it met the criteria for better-off-overall-test (BOOT), and if it included the appropriate provisions for employee protections and entitlements. Furthermore, the Commission examined if the agreement contained any terms that would unduly discriminate against employees, and if it was consistent with the principles of enterprise bargaining and good faith.

The Commission determined that the proposed enterprise agreement was genuinely negotiated and met the requirements under the Fair Work Act. The agreement was found to provide employees with improved conditions, including pay rates, leave entitlements, and other benefits, satisfying the BOOT. The Commission also found that the agreement did not include any discriminatory provisions and was consistent with the principles of enterprise bargaining and good faith. Consequently, the Commission approved the B & M Dorrington Pty Ltd and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

The Fair Work Commission approved the proposed enterprise agreement, ensuring that the terms and conditions of employment for employees in the mobile crane hiring industry are fairly negotiated and in compliance with the Fair Work Act.

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