DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2364)

MELROSE CRANES & RIGGING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

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

Application for approval of the Melrose Cranes & Rigging Pty. Ltd. / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melrose Cranes & Rigging Pty. Ltd. / 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 sought approval for the Melrose Cranes & Rigging Pty. Ltd. / CFMEU Collective Agreement 2018, in the Fair Work Commission. The union aimed to have the agreement recognised as a Registered Agreement under the Fair Work Act 2009. Melrose Cranes & Rigging Pty. Ltd. opposed the application, arguing that certain provisions of the agreement did not meet the requirements for registration.

The central legal issues before the Commission were whether the provisions of the agreement complied with the provisions of the Fair Work Act and its regulations. Specifically, the employer raised concerns about the enforceability of certain clauses related to employee entitlements, such as annual leave and overtime provisions. The union, on the other hand, argued that the clauses were consistent with the Act and represented a fair agreement between the parties.

The Fair Work Commission carefully reviewed the provisions of the agreement and considered the submissions from both parties. It found that certain clauses did not comply with the requirements of the Act, particularly those related to the calculation of annual leave and overtime. The Commission noted that these provisions did not provide the necessary clarity and certainty required by the Act. However, the Commission also recognised that the remaining provisions of the agreement were consistent with the Act and represented a fair agreement between the parties. Consequently, the Commission approved the agreement with some modifications to ensure compliance with the Act.

The Fair Work Commission approved the Melrose Cranes & Rigging Pty. Ltd. / CFMEU Collective Agreement 2018, subject to modifications to certain provisions. The modifications included clarifying the calculation of annual leave and overtime to ensure compliance with the Act. The Commission found that the remaining provisions of the agreement were consistent with the Act and represented a fair agreement between the parties.

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