DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1818)

SOUTHERN CROSS CRANES & CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 JUNE 2019

Application for approval of the SOUTHERN CROSS CRANES & CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the SOUTHERN CROSS CRANES & CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 18 June 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

The case involved an application for the approval of the Enterprise Agreement between Southern Cross Cranes & Contractors Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009 and whether it complied with the relevant provisions concerning minimum entitlements and the process of employee engagement.

The Commission examined various aspects of the agreement, including whether it provided for minimum rates of pay, leave entitlements, penalty rates, and other conditions of employment as required by law. Additionally, the Commission considered if the agreement had been made in accordance with the prescribed process, including the requirement for genuine bargaining and the provision of relevant information to the employees. The Commission also assessed the level of employee participation and the fairness of the terms and conditions proposed in the agreement. After thorough consideration, the Commission found that the Enterprise Agreement met the necessary statutory requirements and had been made in a manner consistent with the Fair Work Act. The agreement was thus approved, ensuring that the employees of Southern Cross Cranes & Contractors Pty Ltd would be covered by the terms of the agreement.

The approval of the Enterprise Agreement provided a clear framework for the employment conditions of the workers, ensuring compliance with the relevant legislative standards. The final orders of the Commission confirmed the approval of the agreement, thereby establishing the terms and conditions under which the employees would operate for the duration of 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