DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3603)

METRO CRANE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 24 AUGUST 2018

Application for approval of the Metro Crane Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metro Crane Services 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 31 August 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 this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application seeking approval of the Metro Crane Services Pty Ltd / CFMEU Collective Agreement 2018. The application was heard in the Fair Work Commission, which is tasked with resolving disputes related to employment and workplace relations in Australia. The CFMEU argued that the agreement, which outlined the terms and conditions of employment for workers at Metro Crane Services, was fair and reasonable, and should be approved by the Commission.

The primary legal issue before the Commission was whether the collective agreement was consistent with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to determine whether the agreement met the requirements for approval, including whether it provided for the proper protection of employees' rights and interests, and whether it was consistent with the principles of the Fair Work Act. The CFMEU contended that the agreement was fair and reasonable, while Metro Crane Services argued that certain provisions of the agreement were not in line with the law.

The Commission found that the majority of the agreement was consistent with the Fair Work Act and the Fair Work Regulations. The Commission noted that the agreement provided for proper protection of employees' rights and interests, and that it was in line with the principles of the Act. However, the Commission also found that certain provisions of the agreement were not consistent with the law, and therefore could not be approved. These provisions related to the calculation of overtime rates and the use of casual employees. The Commission made orders to remove these provisions from the agreement, and approved the rest of the agreement.

The Commission's final orders were that the Metro Crane Services Pty Ltd / CFMEU Collective Agreement 2018 be approved, subject to the removal of certain provisions relating to overtime rates and the use of casual employees. The Commission also made orders for the agreement to be registered with the Fair Work Commission, and for the agreement to be published on the Commission's website. The CFMEU and Metro Crane Services were directed to take all necessary steps to give effect to the approved 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