DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2392)

SOLUTION HOIST HIRE PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the Solution Hoist Hire Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Solution Hoist Hire Pty Limited / CFMEU Collective Agreement 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 6 July 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of a collective agreement between Solution Hoist Hire Pty Limited and the union. The application was heard in the Fair Work Commission. The primary dispute centred on the terms and conditions of employment, including wages, leave entitlements, and dispute resolution mechanisms, as outlined in the proposed agreement.

The legal issues that the Commission was required to address involved determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement promoted harmonious, productive, and cooperative workplace relations, and whether it provided fair and reasonable terms and conditions for the employees. The Commission also had to consider if the agreement had been made in good faith and whether it complied with the provisions regarding enterprise bargaining.

The Commission found that the agreement did meet the statutory requirements. It determined that the agreement promoted harmonious, productive, and cooperative workplace relations. The terms and conditions provided were fair and reasonable, and the Commission was satisfied that the agreement had been made in good faith. Furthermore, the Commission concluded that the agreement complied with all relevant provisions of the Fair Work Act. As a result, the Commission approved the proposed collective agreement.

The Fair Work Commission approved the Solution Hoist Hire Pty Limited / CFMEU Collective Agreement 2018. The agreement was to be registered and would apply to the employees of Solution Hoist Hire Pty Limited, effective from the date of the Commission's decision. This decision provided certainty and stability to the employer-employee relationship, ensuring that the terms and conditions of employment were fair and reasonable for all parties involved.

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