DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3410)

RAR CRANES PTY LTD, RAR RIGGING PTY LIMITED AND RAR HR SERVICES AND CFMEU CRANE SECTOR ENTERPRISE AGREEMENT (ACT) 2017

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 28 AUGUST 2018

Application for the approval of the RAR Cranes Pty Ltd, RAR Rigging Pty Limited and RAR HR Services and CFMEU Crane Sector Enterprise Agreement (ACT) 2017

[1] An application has been made for approval of an enterprise agreement known as the

[2] the RAR Cranes Pty Ltd, RAR Rigging Pty Limited and RAR HR Services and CFMEU Crane Sector Enterprise Agreement (ACT) 2017. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were RAR Cranes Pty Ltd, RAR Rigging Pty Limited, RAR HR Services, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of a proposed enterprise agreement, specifically the CFMEU Crane Sector Enterprise Agreement (ACT) 2017. The Fair Work Commission was tasked with determining whether this agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the court had to address included whether the proposed agreement complied with the procedural requirements set forth in the Fair Work Act, and whether it satisfied the substantive fairness test. This involved examining whether the agreement was made in good faith, and whether it provided for the proper classification and remuneration of employees, along with other relevant conditions of employment.

In its decision, the court found that the agreement met all procedural requirements and satisfied the substantive fairness test. The court highlighted that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court also noted that the agreement provided for appropriate classification, remuneration, and other employment conditions that were consistent with the objectives of the Fair Work Act. Consequently, the court approved the CFMEU Crane Sector Enterprise Agreement (ACT) 2017.

The final orders of the court included the approval of the CFMEU Crane Sector Enterprise Agreement (ACT) 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of 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