DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3571)

FULLERS MOBILE CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	SYDNEY, 30 AUGUST 2018

Application for approval of the Fullers Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fullers Mobile Cranes Pty Ltd / 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 6 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Fullers Mobile Cranes Pty Ltd (Fullers) for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the specific terms of the proposed agreement, particularly those concerning pay rates, classification of employees, and work arrangements. Fullers sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The CFMEU contested certain aspects of the agreement, arguing that they were not in line with the principles of the Fair Work Act or were otherwise unfair.

The primary legal issues the commission needed to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act and whether the agreement was fair and reasonable in all its terms. The commission had to ensure that the agreement complied with the Act, including that it did not undermine the safety and health of employees and that it did not unfairly discriminate against any group of employees. Additionally, the commission had to determine if the agreement provided for the proper classification of employees and whether it contained adequate provisions for the resolution of disputes.

In its decision, the commission carefully examined each contested term of the agreement. The commission found that while the proposed agreement contained some terms that were not compliant with the Fair Work Act, these could be rectified by minor amendments. The commission also determined that the overall agreement was fair and reasonable, taking into account the need to balance the interests of both Fullers and the employees. The commission approved the agreement with certain modifications, ensuring that it met all the statutory requirements and provided a fair outcome for all parties involved.

The final orders of the commission required Fullers to make specific amendments to the agreement to address the commission's concerns. These amendments included ensuring compliance with specific sections of the Fair Work Act and making adjustments to the classification and pay provisions. The commission set a timeframe for these amendments to be made and required both parties to notify the commission once the changes had been implemented. This decision ensured that the collective agreement was both legally compliant and fair, protecting the rights of employees while also allowing Fullers to operate effectively.

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