DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2148)

CLARK CRANES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2018

Application for approval of the Clark Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Clark Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 June 2018 and, in accordance with s.54, will operate from 28 June 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for an enterprise agreement between Clark Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement, proposed for the period 2016-2018, was under review, and the union aimed to ensure it met all legislative requirements for certification and approval. The main dispute centred around several provisions within the agreement that needed to be scrutinised for compliance with the Fair Work Act 2009.

The legal issues before the court were whether the proposed agreement provided adequate terms and conditions for employees, ensured fair and equitable treatment, and adhered to the provisions of the Fair Work Act. Specifically, the court examined the agreement's provisions concerning wages, working conditions, dispute resolution mechanisms, and whether these provisions met the necessary standards for certification. The court also had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission concluded that the proposed agreement was fair and met the necessary legislative standards. The court found that the agreement provided appropriate terms and conditions for employees and incorporated fair dispute resolution mechanisms. The Commission highlighted that the agreement would foster cooperative workplace relations and was consistent with the overarching principles of the Fair Work Act. The court certified the agreement, allowing it to come into effect as intended. This decision ensures that employees of Clark Cranes Pty Ltd and the CFMEU (Victorian Construction and General Division) would be governed by the terms and conditions outlined in the 2016-2018 Enterprise 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