DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4776)

ASSOCIATED RIGGING AUSTRALIA PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Associated Rigging 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 Associated Rigging 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 4 August 2016 and, in accordance with s.54, will operate from 11 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 matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Associated Rigging Australia Pty Ltd (ARA) concerning the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute was heard by the Fair Work Commission (FWC). The primary issue before the FWC was whether the enterprise agreement should be approved, considering its compliance with the Fair Work Act 2009 (Cth) and the Fair Work (Registered Organisations) Act 2009 (Cth). The FWC needed to assess if the agreement met the criteria for being a "new agreement" as defined under section 173 of the Fair Work Act.

The FWC deliberated on the evidence presented by both parties, focusing on the bargaining process, the agreement's provisions, and its alignment with the statutory requirements. The Commission examined if the agreement was genuinely negotiated and if it adhered to the provisions regarding minimum entitlements, including wages and working conditions. Additionally, the FWC considered whether the agreement provided for a fair and efficient workplace. After thorough examination, the FWC found that the agreement met the necessary standards and was fair and efficient. The Commission determined that the agreement should be approved, as it was consistent with the statutory requirements and the principles of good faith bargaining.

The FWC's decision was grounded in the evidence that the agreement was negotiated in good faith, and the terms reflected a balance of interests between the employer and the employees. The FWC concluded that the agreement provided for fair and efficient terms, and therefore, the application for approval was granted. The final orders of the FWC were that the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be approved, effective from the date of the decision.

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