DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4978)

RUBBLES RIGGING & SPOTTING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Rubbles Rigging & Spotting 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 Rubbles Rigging & Spotting 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 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 case before the Fair Work Commission involved an application for approval of the Rubbles Rigging & Spotting Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement in question sought to regulate the employment conditions for employees within the mobile crane hiring industry. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the necessary standards for approval by the Commission.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, including whether the agreement had been made in good faith and whether it contained appropriate mechanisms for resolving disputes. Additionally, the Commission needed to determine if the agreement was genuinely negotiated and whether it included appropriate provisions for employee protections and workplace conditions.

In reaching its decision, the Commission considered the evidence presented by both parties, including witness testimonies and documentation related to the negotiation process. The Commission found that the agreement had been genuinely negotiated and met the procedural requirements for approval. The agreement contained provisions that were fair and reasonable in terms of employee protections and workplace conditions. The Commission also determined that the agreement complied with the good faith bargaining obligations under the Act. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the relevant legislative standards.

The final orders of the Commission included the approval of the Rubbles Rigging & Spotting Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. The agreement was to govern the employment conditions for the specified period, providing a framework for fair and equitable workplace practices 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