DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1847)

WILLIAMSTOWN CRANE HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2018

Application for approval of the Williamstown Crane Hire 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 Williamstown Crane Hire 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 23 May 2018 and, in accordance with s.54, will operate from 30 May 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

The applicants, Williamstown Crane Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval for their Enterprise Agreement 2016-2018 from the Fair Work Commission. The respondents, represented by the Fair Work Ombudsman, challenged the agreement on various grounds, including whether it complied with the requirements of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The legal issues centred on whether the Enterprise Agreement met the criteria set out in the Fair Work Act for being a lawful and valid agreement. Specifically, the respondents argued that the agreement did not adequately protect employees' rights, did not meet the good faith bargaining requirement, and contained provisions that contravened the Act. The applicants contended that the agreement was the product of genuine and meaningful bargaining and was compliant with all statutory requirements.

In its decision, the Commission found that the agreement was the result of good faith bargaining and met the statutory criteria for approval. The Commission noted that the agreement contained provisions that were consistent with the principles of the Act, including provisions for employee entitlements and dispute resolution mechanisms. The Commission also found that the agreement did not contravene any of the provisions of the Act and was, therefore, valid and enforceable. The application for approval was subsequently granted, and the agreement was registered.

The final orders of the Commission were that the Enterprise Agreement between Williamstown Crane Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 be approved and registered under the Fair Work Act.

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