DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/379)

NOLIMIT CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 -2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the NOLIMIT CRANES 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 NOLIMIT CRANES 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 7 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the NOLIMIT CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. NOLIMIT CRANES PTY LTD opposed the application. The primary dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement had been genuinely negotiated, was free from prohibited content, and was in the best interests of the employees covered by the agreement.

The Commission found that the agreement had been genuinely negotiated as the parties had engaged in good faith bargaining. The CFMEU had demonstrated that it had the support of the majority of the employees, and the employer had not demonstrated any issues with the negotiation process. The Commission also found that the agreement was free from prohibited content and complied with the relevant provisions of the Fair Work Act. The Commission further considered that the agreement was in the best interests of the employees as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, noting the parties' efforts to reach a consensus on the terms and conditions of employment.

The Fair Work Commission approved the NOLIMIT CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Commission found that the agreement had been genuinely negotiated, was free from prohibited content, and was in the best interests of the employees. The approval of the agreement ensures that the employees covered by the agreement will receive fair and reasonable terms and conditions of employment for the duration of the agreement.

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