DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2896)

YARKER, MICHAEL T/AS SUPREME RIGGING AND DOGGING AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JULY 2018

Application for approval of the Yarker, Michael T/As Supreme Rigging and Dogging and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Yarker, Michael T/As Supreme Rigging and Dogging 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.

[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 17 July 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Yarker, Michael T/As Supreme Rigging and Dogging and the Construction, Forestry, Maritime, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the Australian Industrial Relations Commission was tasked with determining whether the agreement should be certified and made binding. The parties involved were Michael Yarker, trading as Supreme Rigging and Dogging, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the procedural and substantive fairness of the enterprise agreement, as well as the compliance with relevant industrial relations legislation.

The court was required to examine whether the enterprise agreement had been made in accordance with the procedural requirements set out in the Fair Work Act 2009, including whether genuine steps were taken to negotiate the agreement and whether the agreement had been appropriately certified by the Fair Work Commission. The court also needed to assess whether the agreement contained provisions that were unfair within the meaning of the Act, and whether the agreement was in the best interests of the employees involved.

The court found that the enterprise agreement had been made in compliance with the procedural requirements of the Act, and that genuine steps had been taken to negotiate the agreement. The court also determined that the agreement was fair and in the best interests of the employees. The agreement was subsequently certified and made binding, as sought by the applicant. The court emphasised the importance of fair and transparent negotiation processes and the need for agreements to be in the best interests of employees, while also recognising the need for flexibility and practicality in the workplace.

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