DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1647)

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

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MAY 2019

Application for approval of the Ironmen 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 Ironmen 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 29 May 2019 and, in accordance with s.54, will operate from 5 June 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 matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Ironmen Pty Ltd, with the union seeking approval for the Ironmen Pty Ltd and CFMEU Crane Sector Enterprise Agreement (ACT) 2019. The primary focus of the dispute was to ascertain whether the proposed enterprise agreement met the necessary criteria for registration under the Fair Work Act 2009. The court was tasked with determining whether the agreement complied with the statutory requirements, particularly those related to good faith bargaining, the inclusion of essential terms, and the fairness of the agreement to all parties involved.

The court had to consider several key legal issues in making its decision. First, it had to verify if the agreement was the product of genuine and meaningful bargaining between the union and the employer. Second, it needed to confirm that the agreement contained all the mandatory terms prescribed by the Fair Work Act. Third, the court had to ensure that the agreement was fair and reasonable, taking into account the interests of all employees covered by the agreement. The court also needed to consider whether the agreement provided for an effective dispute resolution process and if it adhered to any relevant industrial awards and registered agreements.

The court conducted a thorough examination of the evidence and submissions presented by both parties. It found that the agreement was indeed the result of good faith bargaining and included all mandatory terms as required by the Act. The court was satisfied that the agreement was fair and reasonable, providing for adequate dispute resolution mechanisms and taking into account the interests of all employees. The court concluded that the agreement met all the necessary statutory requirements and approved the registration of the Ironmen Pty Ltd and CFMEU Crane Sector Enterprise Agreement (ACT) 2019. The court's decision ensured that the agreement could now be implemented, providing a stable framework for industrial relations between the union and the employer.

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