DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6554)

ACTIVE CRANE HIRE PTY LTD / CFMEU GREENFIELD AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Active Crane Hire Pty Ltd / CFMEU Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Active Crane Hire Pty Ltd / CFMEU Greenfield Agreement 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Active Crane Hire Pty Ltd / CFMEU Greenfield Agreement 2018. The dispute centred on whether the agreement, which was intended to govern the employment terms and conditions for employees of Active Crane Hire, complied with the relevant sections of the Fair Work Act 2009. The union argued that the agreement was appropriately negotiated and represented the interests of the employees, while the employer, Active Crane Hire, raised concerns about specific provisions within the agreement.

The primary legal issues the court had to address included whether the agreement was made in good faith, whether it was properly negotiated, and whether it met the requirements for a greenfield agreement under the Fair Work Act. The court also had to consider whether the agreement provided for a fair and efficient system of determining wages and other employment conditions, as required by the Act. Furthermore, the court examined whether the agreement complied with the provisions regarding employee representation and whether it adequately safeguarded the rights of employees.

The court, in its reasoning, found that the agreement was indeed made in good faith and was the product of proper negotiation. It was satisfied that the agreement met all the statutory requirements for a greenfield agreement, providing a fair and efficient system for determining wages and other employment conditions. The court also concluded that the agreement adequately protected employee rights and provided for appropriate employee representation. Given these findings, the court approved the Active Crane Hire Pty Ltd / CFMEU Greenfield Agreement 2018.

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