DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5144)

ALL CRANES 4 HIRE PTY LTD T-AS TOPGUN CRANES / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2018

Application for approval of the All Cranes 4 Hire Pty Ltd t-as Topgun Cranes / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the All Cranes 4 Hire Pty Ltd t-as Topgun Cranes / 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 24 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the All Cranes 4 Hire Pty Ltd trading as Topgun Cranes Collective Agreement 2018. The applicant union sought to have the agreement approved as a safety net agreement, arguing that the agreement would provide better protections for employees than the National Employment Standards and the Fair Work Act's safety net provisions. The employer opposed the application, arguing that the agreement contained provisions that were inconsistent with the objects of the Fair Work Act and that the agreement should not be approved as a safety net agreement.

The primary legal issue before the court was whether the provisions in the collective agreement were consistent with the objects of the Fair Work Act and whether the agreement could be approved as a safety net agreement. The court examined the provisions in the agreement and considered whether they provided better protections for employees than the safety net provisions of the Act, while also ensuring that the agreement did not undermine the objects of the Act. The court also considered whether the agreement was negotiated in good faith and whether it complied with the requirements of the Fair Work Act.

The court found that the provisions in the agreement provided better protections for employees than the safety net provisions of the Act, while also ensuring that the agreement did not undermine the objects of the Act. The court held that the agreement was negotiated in good faith and complied with the requirements of the Act. The court approved the collective agreement as a safety net agreement, noting that it provided better protections for employees than the safety net provisions of the Act.

The court's final orders approved the collective agreement as a safety net agreement, subject to certain conditions and modifications. The court also directed the parties to take all necessary steps to give effect to the approved agreement, including providing copies of the agreement to all relevant employees and ensuring that the agreement was properly implemented. The court further directed that the approved agreement would remain in force until the earlier of its expiry or the making of a new 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