DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4873)

REED LOGISTICS T/AS REED LOGISTICS PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Reed Logistics T/As Reed Logistics 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 asthe Reed Logistics T/As Reed Logistics 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 9 August 2016 and, in accordance with s.54, will operate from 16 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 this matter before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Reed Logistics T/As Reed Logistics Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the procedural fairness and good faith bargaining provisions. The Commission was tasked with ensuring that the agreement was made in compliance with the statutory framework designed to protect the interests of both employers and employees.

The legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and whether it was made in good faith. The CFMEU argued that the agreement was the result of genuine negotiations and was made in good faith, while Reed Logistics contended that the agreement did not reflect the outcome of genuine negotiations and was not made in good faith. The Commission had to assess the evidence presented by both parties and determine whether the agreement complied with the statutory requirements.

The Commission found that the agreement was genuinely negotiated and made in good faith. It took into account the evidence of the negotiation process, the conduct of the parties, and the outcome of the negotiations. The Commission concluded that the agreement was not procedurally unfair and that the parties had acted in good faith throughout the negotiation process. Consequently, the Commission approved the enterprise agreement, finding that it met the necessary criteria under the Fair Work Act.

The Commission's decision resulted in the approval of the enterprise agreement. The agreement was deemed to comply with the statutory requirements and was therefore valid. The parties were bound by the terms of the agreement, which would govern their industrial relations for the duration of the agreement. The decision reinforced the importance of genuine negotiation and good faith bargaining in the formation of enterprise agreements.

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