DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2149)

CLARK CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2018

Application for approval of the CLARK CRANES PTY LTD 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 CLARK CRANES PTY LTD 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 12 July 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the CLARK CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, which sought to establish a new enterprise agreement for crane hire workers employed by Clark Cranes. The Fair Work Commission was required to decide whether the application met the criteria for approval under section 234 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the application for the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. The Commission noted that the application for approval of the agreement was made in accordance with the provisions of the Fair Work Act 2009. The Commission also noted that the application was made by the CFMEU, which is a registered organisation for the purposes of the Fair Work Act 2009.

The Commission considered the application and determined that the agreement met the criteria for approval. The Commission found that the agreement provided for a modern workplace and was in the interests of the employees. The Commission also found that the agreement did not include any terms that would have an adverse effect on the employees or the employer. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees and the employer.

Accordingly, the Commission approved the CLARK CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, and the agreement came into effect on 1 May 2016. The agreement will remain in force until 30 April 2019, unless terminated earlier in accordance with the terms of 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