DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4713)

A GRADE 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 A Grade 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 A Grade 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 applicants, A Grade Crane Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), applied to the Fair Work Commission for approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The respondents, the Australian Manufacturing Workers' Union and the Crane and Boom Industry Association, opposed the application. The dispute involved the terms and conditions of employment for mobile crane operators and the interpretation of the Fair Work Act 2009.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. Key points of contention included whether the agreement appropriately balanced the interests of employees and employers, and whether it met the "better off overall test" – ensuring that the overall conditions of employment for the majority of employees would be no worse than the previous terms. The court also had to consider if the agreement was genuinely negotiated and whether it included appropriate provisions for employee representation and dispute resolution.

The Fair Work Commission examined the evidence presented by both parties, focusing on the economic context, the negotiation process, and the impact of the agreement on employees. The court found that the agreement met the statutory requirements, noting the comprehensive nature of the negotiations and the positive impact on the majority of employees. It was determined that the agreement was genuinely negotiated and provided fair terms and conditions of employment. The court approved the enterprise agreement, emphasising the importance of balancing the interests of both parties while adhering to the statutory framework.

The final orders of the court approved the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from 1 July 2016. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The decision provided clarity on the statutory requirements for enterprise agreements and reinforced the importance of genuine negotiations in industrial relations.

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