DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4759)

DOUGRO PTY LTD T/AS GEELONG CRANE HIRE AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 AUGUST 2016

Application for approval of the Dougro Pty Ltd T/As Geelong Crane Hire 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 Dougro Pty Ltd T/As Geelong Crane Hire 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 1 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of the Dougro Pty Ltd T/As Geelong Crane Hire and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019. The applicant, Dougro Pty Ltd T/As Geelong Crane Hire, sought the approval of the enterprise agreement, while the CFMEU represented the employees. The application was brought before the Fair Work Commission, the relevant tribunal for such matters.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was a "bare minimum" agreement, as defined by the Act, and whether it complied with the procedural requirements for approval, including the provision of necessary information and the opportunity for objections. The court also had to consider whether the agreement was in the best interests of the employees and whether any objections raised were valid.

In its decision, the court found that the enterprise agreement met the statutory requirements for approval. The court determined that the agreement was a "bare minimum" agreement and that it complied with the procedural requirements for approval, including the provision of necessary information and the opportunity for objections. The court also concluded that the agreement was in the best interests of the employees and that any objections raised were not valid. The court approved the enterprise agreement, allowing it to come into effect and be binding on the parties.

The court's final order was the approval of the Dougro Pty Ltd T/As Geelong Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019. This decision allowed the enterprise agreement to take effect and be binding on the parties, providing a framework for the employment conditions and terms of the employees within 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