DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3130)

EVERWILLING CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 JULY 2018

Application for approval of the Everwilling Cranes Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Everwilling Cranes Pty Ltd / CFMEU Collective Agreement 2017 - 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 3 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

The matter before the Fair Work Commission involved an application for the approval of the Everwilling Cranes Pty Ltd / CFMEU Collective Agreement 2017-2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the collective agreement, which had been negotiated with Everwilling Cranes Pty Ltd. The dispute centred on the terms of the agreement and whether they complied with relevant industrial relations laws. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues that the Fair Work Commission had to address included whether the agreement was a genuine bargain between the parties, whether it contained all the required minimum terms, and whether it complied with the good faith bargaining provisions. Additionally, the Commission needed to consider whether the agreement met the standard of being in the best interests of the employees and whether it contained any provisions that were contrary to public policy. The Commission also had to assess whether the agreement provided adequate protection for employees' rights and entitlements.

The Fair Work Commission found that the agreement was a genuine bargain between the parties and contained all the required minimum terms. The Commission noted that the parties had engaged in good faith bargaining and that the agreement was in the best interests of the employees. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy and provided adequate protection for employees' rights and entitlements. Consequently, the Commission approved the Everwilling Cranes Pty Ltd / CFMEU Collective Agreement 2017-2018.

The Fair Work Commission ordered that the Everwilling Cranes Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements, and the parties were bound by its terms. The Commission also ordered that the agreement would come into effect on 1 July 2017 and would remain in force until 30 June 2018. The decision provided clarity for both parties and ensured that the agreement would be legally binding and enforceable.

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