DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/772)

ASSOCIATED MOBILE CRANE TRUCKS PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2019

Application for approval of the Associated Mobile Crane Trucks 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 Associated Mobile Crane Trucks 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 9 April 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 matter before the Fair Work Commission involved an application for approval of the Associated Mobile Crane Trucks Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant, CFMEU, sought the Commission's approval of the agreement, which was negotiated with the employer to govern the terms and conditions of employment for workers in the mobile crane hiring industry. The employer, Associated Mobile Crane Trucks Pty Ltd, did not oppose the application. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission considered whether the agreement was properly negotiated and whether the necessary procedures for its negotiation and execution were followed. Substantively, the Commission examined whether the agreement contained the appropriate minimum terms and conditions, and whether it was in the best interests of the employees it covered. The Commission also assessed whether the agreement complied with the public interest considerations outlined in the Act.

The Fair Work Commission found that the agreement was properly negotiated and executed in accordance with the procedural requirements of the Act. The Commission noted that the agreement had been developed through a genuine process of negotiation between the parties and that all necessary procedures had been followed. In relation to the substantive requirements, the Commission concluded that the agreement provided for appropriate minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission also determined that the agreement was in the best interests of the employees it covered, as it provided for fair and reasonable terms and conditions, and adequately protected the interests of the employees. Finally, the Commission found that the agreement complied with the public interest considerations outlined in the Act, including promoting harmonious, productive, and cooperative workplace relations.

As a result of its findings, the Fair Work Commission approved the Associated Mobile Crane Trucks Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement was registered and will govern the terms and conditions of employment for workers in the mobile crane hiring industry for the period from 1 July 2016 to 30 June 2019, unless earlier terminated in accordance with the 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