DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4749)

CAPSALIS TRUST & RICHARDS TRUST T/AS RIGWELD CRANE HIRE PTY LTD 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 Capsalis Trust & Richards Trust T/As Rigweld Crane Hire 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 Capsalis Trust & Richards Trust T/As Rigweld Crane Hire 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 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 under consideration involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Capsalis Trust & Richards Trust T/As Rigweld Crane Hire Pty Ltd. The dispute centred around the application for approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Fair Work Commission was the tribunal tasked with adjudicating on this matter.

The central legal issues addressed by the court pertained to the compliance of the proposed enterprise agreement with the statutory requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for approval under section 234 of the Act, including whether it provided for minimum wages and conditions, did not discriminate unfairly, and was made in good faith. Additionally, the court examined whether the agreement included appropriate provisions for the registration of new employees and the resolution of disputes.

In delivering its decision, the Fair Work Commission considered the provisions of the agreement in detail. The Commission found that the agreement generally adhered to the statutory framework, ensuring fair wages and conditions for employees in the mobile crane hiring industry. The court acknowledged the complexity of the industry and the need for a tailored agreement that addressed specific operational requirements while maintaining protections for workers. Ultimately, the Commission approved the enterprise agreement, subject to certain conditions to ensure compliance with the Fair Work Act. The decision was made in the interest of achieving a balance between the rights of employers and employees in the mobile crane hiring sector.

The final orders of the Commission included the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, with specific conditions to be met by the parties. These conditions were designed to ensure ongoing compliance with the Fair Work Act and to protect the interests of employees within the industry.

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