DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/655)

J & J CRANE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the J & J Crane Services Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the J & J Crane Services Pty Ltd / 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 28 March 2019. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between J & J Crane Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission under the Fair Work Act 2009, which provides the legal framework for the registration and approval of such agreements. The crux of the dispute lay in the terms and conditions outlined in the proposed agreement, particularly concerning the rights and obligations of the employees represented by the CFMEU and the employer, J & J Crane Services Pty Ltd.

The primary legal issues that the court had to address were whether the collective agreement complied with the statutory requirements set forth in the Fair Work Act, and if it provided fair and equitable terms and conditions for the employees. Specifically, the court needed to determine whether the agreement met the criteria for being a "better off overall test" (BOOT) and whether it adhered to the procedural requirements for registration, such as the necessity for genuine bargaining and the absence of any coercion or unfair labour practices.

In delivering its decision, the court meticulously examined the provisions of the collective agreement and the processes through which it was negotiated. It found that the agreement met the statutory requirements and was indeed a BOOT for the employees. The court was satisfied that the agreement had been negotiated in good faith and without any undue influence or coercion. The terms of the agreement were deemed fair and reasonable, providing appropriate protections and benefits for the employees. Consequently, the court approved the collective agreement, recognising its compliance with the legislative framework and its potential to improve the working conditions for the employees involved.

As a result of the court's approval, the collective agreement between J & J Crane Services Pty Ltd and the CFMEU was officially registered. This decision validated the agreement, allowing it to serve as a binding contract between the employer and the employees, and to provide a stable framework for their working relationship.

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