DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5531)

METCALF CRANE SERVICES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Metcalf Crane Services 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 Metcalf Crane Services 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, 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, 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 20 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Metcalf Crane Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant sought to have the agreement approved by the Fair Work Commission, which had the authority to approve enterprise agreements under the Fair Work Act 2009 (Cth). The CFMEU opposed the application, arguing that the agreement did not meet the requirements for approval under the Act.

The legal issues before the court were whether the agreement was a "bargaining agreement" under the Fair Work Act, and if it met the criteria for approval. Specifically, the court needed to determine whether the agreement had been made in good faith and whether it contained the necessary provisions regarding employees' rights and obligations. The court also needed to consider whether the agreement had been properly negotiated and whether it provided for a fair and reasonable outcome for both parties.

The court found that the agreement was a bargaining agreement and that it met the criteria for approval. The court noted that the agreement had been negotiated in good faith and contained all the necessary provisions regarding employees' rights and obligations. The court also found that the agreement provided for a fair and reasonable outcome for both parties, taking into account the specific circumstances of the mobile crane hiring industry. The court rejected the CFMEU's arguments that the agreement did not meet the requirements for approval and granted the application for approval of the agreement.

The court's decision was final and binding, and the agreement was approved by the Fair Work Commission. The approval of the agreement meant that it would be registered with the Fair Work Commission and would become the governing agreement for the employees covered by the agreement. The court's decision provided clarity and certainty for both parties and ensured that the agreement would be able to operate effectively in the mobile crane hiring industry.

Construction, Forestry, 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