DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5532)

IC HIRE PTY LTD T/AS INDEPENDENT CRANES 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 IC Hire Pty Ltd T/As Independent Cranes 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 IC Hire Pty Ltd T/As Independent Cranes 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

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval for the IC Hire Pty Ltd T/As Independent Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement was contested by the respondent, IC Hire Pty Ltd T/As Independent Cranes, on the basis that it did not meet certain statutory requirements under the Fair Work Act 2009. The case was heard in the Fair Work Commission, with Deputy President C. A. Smith presiding over the proceedings.

The legal issues that arose for determination in this case centred on the validity and compliance of the proposed enterprise agreement with the provisions of the Fair Work Act. Specifically, the court was required to consider whether the agreement was appropriately made, and if it complied with the procedural requirements and substantive content standards outlined in the Act. The court had to assess whether the agreement was made in good faith, whether the parties had genuinely negotiated the agreement, and if the agreement contained terms and conditions that were fair and reasonable.

The Fair Work Commission, after conducting a thorough review of the agreement and hearing submissions from both parties, determined that the application for approval should be dismissed. The Commission found that the proposed agreement did not satisfy the statutory requirements of the Fair Work Act, primarily due to issues with the negotiation process and the absence of genuine agreement between the parties. Consequently, the court held that the application for approval of the enterprise agreement was not valid and should be rejected.

The Fair Work Commission issued its decision and orders on 12 April 2018, dismissing the applicant's application for approval of the IC Hire Pty Ltd T/As Independent Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Commission further directed that the application be removed from the register of approved agreements, and that no further action be taken in relation to the agreement.

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