DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1196)

RIGWELD CRANE HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Rigweld Crane Hire 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 Rigweld Crane Hire 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 23 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Rigweld Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the Full Bench of the Fair Work Commission heard an application for the approval of an enterprise agreement. The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) on behalf of the employees of Rigweld Crane Hire Pty Ltd, a company in the mobile crane hiring industry. The agreement sought to establish terms and conditions of employment for the employees of the company for the period of 2016 to 2019.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections 232 and 233, which outline the criteria for an enterprise agreement to be approved by the Fair Work Commission. The court had to determine if the agreement was a bona fide enterprise agreement, if it was made in good faith, and if it met the coverage and procedural requirements as outlined in the Act.

The Full Bench of the Fair Work Commission found that the agreement met all the requirements for approval. The court held that the agreement was a bona fide enterprise agreement, made in good faith, and that it satisfied the coverage and procedural requirements of the Fair Work Act 2009. The court was satisfied that the agreement was negotiated in accordance with the Act and that the parties had made a genuine attempt to reach an agreement. The court found that the agreement provided for fair and reasonable terms and conditions of employment for the employees of Rigweld Crane Hire Pty Ltd.

The Full Bench of the Fair Work Commission approved the Rigweld Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from 1 July 2016 to 30 June 2019. The agreement was registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the 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