DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4734)

PRESTON HIRE (VIC) PTY LIMITED AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 AUGUST 2016

Application for approval of the Preston Hire (Vic) Pty Limited 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 Preston Hire (Vic) Pty Limited 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 3 August 2016 and, in accordance with s.54, will operate from 10 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 before the Fair Work Commission involved an application for approval of the Preston Hire (Vic) Pty Limited and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred on whether the agreement met the necessary requirements for endorsement under the Fair Work Act 2009. The applicants argued that the agreement was fair and appropriate, while the objectors raised concerns about various aspects of the agreement, including the classification of employees, wage rates, and the overall fairness of the terms.

The legal issues before the Commission were whether the agreement complied with the statutory requirements for endorsement, including the 'better off overall test', and whether it was genuinely negotiated. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees were not worse off overall compared to their previous conditions. Additionally, the Commission assessed whether the agreement met the genuine negotiation requirement, ensuring that it was not imposed or coerced.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the statutory requirements for endorsement. The Commission determined that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions of employment. The better off overall test was satisfied, as the agreement provided employees with improved conditions, including wage increases and better leave entitlements, without imposing undue hardship on the employer. The Commission concluded that the agreement was fair and appropriate for endorsement.

The Fair Work Commission approved the Preston Hire (Vic) Pty Limited and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Preston Hire (Vic) Pty Limited from the date of approval.

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