DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4706)

J ASHDOWN FAMILY TRUST (THE TRUSTEE FOR) T/AS CASEY CRANE HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2016

Application for approval of the J Ashdown Family Trust (The Trustee For) T/As Casey 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 J Ashdown Family Trust (The Trustee For) T/As Casey 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 8 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 the J Ashdown Family Trust (the Trustee for) T/As Casey Crane Hire Pty Ltd, with the dispute concerning the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC was required to examine the agreement's compliance with the legal framework, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without the coercion of any party.

The primary legal issue revolved around whether the agreement was genuinely made without any undue influence or coercion and whether it contained terms that were fair and reasonable. The FWC had to consider if the agreement met the threshold criteria for approval under section 231 of the Fair Work Act, which includes the requirement that the agreement is made in good faith, is not induced by any form of pressure or coercion, and does not contain terms that are unfair or unreasonable. Additionally, the FWC needed to ensure that the agreement was not only compliant with the Act but also met the standards of procedural fairness and good faith bargaining.

The FWC concluded that the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was genuinely made without undue influence and contained terms that were fair and reasonable. The Commission found that the agreement was the product of genuine negotiations between the parties and was not induced by any form of pressure or coercion. The FWC emphasised the importance of ensuring that all parties had a genuine opportunity to bargain and that the agreement reflected the outcomes of those negotiations. The FWC also noted that the terms of the agreement were fair and reasonable, providing for adequate protections for employees while also taking into account the legitimate interests of the employer.

Following its findings, the FWC approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, confirming its compliance with the Fair Work Act. The Commission's decision recognised the importance of ensuring that enterprise agreements are made in good faith and provide for fair and reasonable terms and conditions of employment. The FWC's approval of the agreement ensures that it will have legal effect and will govern the employment conditions of workers within the mobile crane hiring 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