DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4808)

ACCESS CRANES AUSTRALIA PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the Access Cranes Australia 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 Access Cranes Australia 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 8 August 2016 and, in accordance with s.54, will operate from 15 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 parties in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Access Cranes Australia Pty Ltd. The dispute was regarding the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The case was heard by the Fair Work Commission (FWC), Australia's independent industrial relations tribunal. The CFMEU sought the approval of the agreement, which outlined the terms and conditions of employment for workers in the mobile crane hiring industry. The agreement aimed to address various aspects of employment, including wages, working conditions, and dispute resolution mechanisms.

The primary legal issue the FWC had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. The criteria included whether the agreement was a genuine enterprise agreement, provided for the right to freedom of association, and was free from unlawful content. The CFMEU argued that the agreement was genuine and met all the necessary requirements, while Access Cranes Australia Pty Ltd raised concerns about specific provisions, such as the wage rates and the dispute resolution process.

The FWC carefully examined the agreement, considering the submissions from both parties. The Commission found that the agreement was genuinely negotiated and covered the employees in the mobile crane hiring industry. It also determined that the agreement was free from unlawful content and did not interfere with the employees' right to freedom of association. The FWC resolved some of the concerns raised by Access Cranes Australia Pty Ltd by making minor amendments to the agreement, ensuring it complied with the Fair Work Act 2009. Consequently, the FWC approved the Access Cranes Australia Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 with these amendments.

The final orders of the FWC were the approval of the enterprise agreement with the aforementioned amendments, which would now govern the employment terms and conditions for workers in the mobile crane hiring industry 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