DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/871)

WHEELER CRANES & SERVICES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019

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

Application for approval of the Wheeler Cranes & Services Pty Limited / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wheeler Cranes & Services Pty Limited / CFMEU Collective Agreement 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 April 2019. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Wheeler Cranes & Services Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed collective agreement complied with the relevant statutory requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval.

The key legal issues before the Commission were whether the agreement provided for a fair and efficient method of resolving disputes between the employer and employees, and whether it included appropriate provisions for the protection of employees' rights and interests. The Commission also had to consider if the agreement was consistent with the overarching objectives of the Fair Work Act, including the protection of employees' rights, the promotion of harmonious, productive and cooperative workplace relations, and the encouragement of the efficient operation of enterprises.

In reaching its decision, the Commission examined the provisions of the proposed agreement and considered submissions from both parties. The Commission found that the agreement contained adequate mechanisms for the resolution of disputes and provisions that adequately protected the rights and interests of employees. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and approved the application for the collective agreement. The approval was subject to certain conditions that aimed to ensure ongoing compliance with the Act.

The Fair Work Commission approved the application for the collective agreement, subject to the specified conditions. The decision was made in light of the agreement's provisions for dispute resolution and employee protection, and its alignment with the objectives of 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