DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4984)

CUSTOM RIGGING & RELOCATIONS 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 Custom Rigging & Relocations 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 Custom Rigging & Relocations 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Custom Rigging & Relocations Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. Custom Rigging & Relocations Pty Ltd contested the application, arguing that the agreement contained provisions that were not in the best interests of the employees.

The central legal issues before the court were whether the provisions of the enterprise agreement were fair and reasonable, and whether they met the criteria for approval under the Fair Work Act 2009. The court had to examine whether the agreement provided for proper terms and conditions, including pay and hours of work, and whether it allowed for genuine flexibility in the workplace.

The court found that the agreement contained provisions that were fair and reasonable, and met the criteria for approval under the Act. It noted that the agreement provided for a structured wage progression system, included provisions for flexible working arrangements, and contained appropriate dispute resolution mechanisms. The court was satisfied that the agreement was in the best interests of the employees and approved the application for registration. The final orders of the court required the agreement to be registered with the Fair Work Commission, and mandated that it be given effect from the date of registration.

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