DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5481)

ANC CRANES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 OCTOBER 2018

Application for approval of the ANC Cranes Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ANC Cranes Pty Limited / CFMEU Collective Agreement 2018 (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 31 October 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the ANC Cranes Pty Limited / CFMEU Collective Agreement 2018. The dispute centred on whether the agreement contained provisions that complied with the requirements of the Fair Work Act 2009. The applicant argued that the agreement met all necessary criteria, while the respondent contended that certain provisions were unfair or did not meet the legal standards.

The legal issues before the Commission included whether the agreement's provisions met the formal requirements set out in the Fair Work Act, and whether any provisions were unfair within the meaning of the Act. The Commission needed to examine the language and effect of the agreement to determine its validity and fairness.

The Commission found that the agreement did meet the formal requirements and was not unfair. The provisions in question were deemed to be consistent with the objectives of the Fair Work Act and did not unjustifiably disadvantage any party. The Commission concluded that the applicant had demonstrated that the agreement was fair and appropriate for approval.

The Commission approved the ANC Cranes Pty Limited / CFMEU Collective Agreement 2018, and it was registered accordingly. This decision provides clarity for future collective agreements and reinforces the criteria for their approval.

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