DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/979)

WGC CRANE GROUP PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 6 APRIL 2018

Application for approval of the WGC Crane Group 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 WGC Crane Group 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 13 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the WGC Crane Group Pty Ltd and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission. The nature of the dispute involved the interpretation and approval of the terms of an enterprise agreement between the CFMEU and WGC Crane Group Pty Ltd. The agreement was contested on the basis of its compliance with certain provisions of the Fair Work Act 2009.

The court was required to decide whether the enterprise agreement complied with the requirements of the Fair Work Act. This involved examining specific clauses within the agreement to determine if they met the criteria for approval. The key issues included the agreement's adherence to procedural fairness, its impact on employees, and whether it contained any terms that were contrary to public policy or contravened any specific provisions of the Act.

The Fair Work Commission determined that the enterprise agreement did comply with the requirements of the Fair Work Act. The Commission found that the agreement was procedurally fair, did not contain terms that were contrary to public policy, and met all the necessary criteria for approval. The decision was based on a detailed examination of the agreement's clauses and their alignment with the Act's provisions.

The final orders of the court were to approve the WGC Crane Group Pty Ltd and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, subject to the terms and conditions outlined in the agreement. The Commission's approval was granted on the basis that the agreement met all legal requirements and was in the best interests of the employees covered by it.

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