Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4744

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1680)

MEMBREYS TRANSPORT & CRANE HIRE UNIT TRUST and the CFMEU Mobile CraneHiring Industry Enterprise Agreement 2016-2019

Building, metal and civil construction industries
Justice Ross, President	MELBOURNE, 13 AUGUST 2018

Application for approval of the MEMBREYS TRANSPORT & CRANE HIRE UNIT TRUST and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

An application has been made for approval of an enterprise agreement known as the MEMBREYS TRANSPORT & CRANE HIRE UNIT TRUST 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2018. The nominal expiry date of the Agreement is 30 June 2019.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Membreys Transport & Crane Hire Unit Trust and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of their enterprise agreement. The agreement, titled the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, was submitted for consideration under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legislative requirements and protected the rights of the employees within the mobile crane hiring industry.

The legal issues before the court encompassed several key areas. Primarily, the court needed to determine if the agreement met the criteria for approval under the Fair Work Act, including whether it provided for a fair and efficient workplace, protected employees' rights and entitlements, and was free from any discriminatory provisions. Additionally, the court had to assess whether the agreement's provisions were consistent with the principles of enterprise bargaining and if it adhered to the specific provisions of the Fair Work Act regarding the content and negotiation of enterprise agreements.

In its reasoning, the court examined the content of the agreement in detail, ensuring it complied with the statutory requirements and the principles of fairness and efficiency. The court found that the agreement did provide for a fair and efficient workplace and did not contain any discriminatory provisions. It also ensured that the agreement protected employees' rights and entitlements, including provisions for minimum wage rates, leave entitlements, and other employment conditions. Given the comprehensive nature of the agreement and its adherence to the principles of enterprise bargaining, the court approved the agreement under the Fair Work Act.

The final orders of the court approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, confirming its validity and enforceability under the Fair Work Act. The agreement was deemed to provide for a fair and efficient workplace and to protect the rights and entitlements of employees in the mobile crane hiring industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established