DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4625)

THE TRUSTEE FOR TUDDENHAM FAMILY TRUST T/AS ADVANCED CRANES AND RIGGING PTY LTD AND THE CFMEU MOBILE CRANE HIRING ENTERPRISE AGREEMENT 2016 -2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of The Trustee for Tuddenham Family Trust T/As Advanced Cranes and Rigging 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 Trustee for Tuddenham Family Trust T/As Advanced Cranes and Rigging 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 18 September 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the court, the applicant, The Trustee for Tuddenham Family Trust trading as Advanced Cranes and Rigging Pty Ltd, sought approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, raising concerns about the agreement's provisions and their implications for the workers involved. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues revolved around whether the proposed agreement complied with the Fair Work Act 2009 and if its terms and conditions were fair and reasonable for the employees within the mobile crane hiring industry. The court needed to assess if the agreement met the statutory requirements and if it appropriately balanced the interests of both employers and employees.

The court meticulously reviewed the provisions of the agreement and the arguments presented by both parties. It found that while the agreement contained some provisions that did not strictly adhere to the Act, these deviations were minor and did not significantly impact the overall fairness of the agreement. The court concluded that the agreement was, in essence, fair and reasonable for the employees. Consequently, the application for approval was granted, allowing the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 to be implemented.

The court ordered that the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be approved and registered, thereby legally binding the terms and conditions outlined within the agreement between the applicant and the employees covered by 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