DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/374)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Godwin 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 Godwin 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, 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 2 March 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

The matter before the court involved an application for approval of the Godwin Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009, which mandates the approval of enterprise agreements that meet specific criteria. The dispute centred on whether the agreement in question complied with the legal requirements for approval, particularly focusing on the process by which the agreement was made and the provisions it contained.

The legal issues that the FWC was required to decide included whether the agreement had been genuinely negotiated between the parties, whether it included appropriate mechanisms for dispute resolution, and if the agreement met the criteria for simplification, as required by the Fair Work Act. Additionally, the FWC needed to determine if the agreement contained all the mandated terms and conditions as specified by the Act and if it was in the best interests of the employees it covered.

In its decision, the FWC examined the evidence and submissions from both parties. The Commission found that the agreement had been genuinely negotiated between the employer and the union, and that it included appropriate provisions for dispute resolution. The FWC also determined that the agreement met the requirements for simplification and contained all the necessary terms and conditions. Furthermore, the FWC concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. Consequently, the FWC approved the agreement, finding it compliant with all statutory requirements.

The final orders of the FWC were to approve the Godwin Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from 1 March 2016. The agreement was to be registered with the Commission, and it would govern the employment conditions of the employees covered by the agreement for the specified period.

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