DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/407)

ACR CRANE HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING ENTERPRISE AGREEMENT 2016 -2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 MARCH 2019

Application for approval of the ACR CRANE HIRE PTY LTD and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016 -2019.

[1] An application has been made for approval of an enterprise agreement known as the ACR CRANE HIRE PTY LTD and the CFMEU Mobile Crane Hiring 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 11 March 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the ACR Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) submitted the application to the Fair Work Commission. The dispute arose from negotiations between the CFMEU and ACR Crane Hire Pty Ltd concerning the terms and conditions of employment for workers in the mobile crane hiring industry. The primary issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, whether it had been negotiated in good faith, and if it complied with relevant provisions of the Fair Work Act.

The court examined the terms and conditions outlined in the proposed agreement, considering factors such as wages, working hours, leave entitlements, and other employment-related provisions. The court also assessed the process of negotiation between the CFMEU and ACR Crane Hire Pty Ltd, looking for evidence of good faith bargaining. In its decision, the Fair Work Commission found that the proposed enterprise agreement did indeed provide for fair and reasonable terms and conditions of employment. It also found that the negotiation process had been conducted in good faith, with both parties making genuine efforts to reach an agreement. The court concluded that the agreement was compliant with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the ACR Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019, thereby resolving the dispute. The decision confirmed the validity of the negotiated terms and conditions, ensuring that the agreement would govern the employment relationship between ACR Crane Hire Pty Ltd and the workers represented by the CFMEU.

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