DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2098)

D CAELLI CRANE TRUCKS 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 D CAELLI CRANE TRUCKS 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 D CAELLI CRANE TRUCKS 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 matter before the Fair Work Commission involved an application for the approval of the D Caelli Crane Trucks Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The parties to the dispute were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and D Caelli Crane Trucks Pty Ltd, with the Commission required to determine whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement had been made in accordance with the procedural requirements of the Act, whether it contained the prescribed terms and conditions, and whether it was in the best interests of the employees it covered. In particular, the Commission needed to ensure that the agreement had been made free from coercion and undue influence, that it included certain mandatory terms, and that it did not unfairly discriminate against any group of employees.

In reaching its decision, the Commission found that the agreement had been made in accordance with the procedural requirements of the Act, and that it contained all the prescribed terms and conditions. The Commission also found that the agreement did not unfairly discriminate against any group of employees, and that it was in the best interests of the employees it covered. The Commission was satisfied that the agreement had been made free from coercion and undue influence, and that it met the requirements for approval under the Act.

Accordingly, the Commission approved the D Caelli Crane Trucks Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, with the agreement to commence on the first day of the fourth calendar month following the date of the Commission's decision. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are regulated by the agreement, rather than by the applicable awards or other industrial instruments.

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