DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4453)

WILLIAMSTOWN CRANE HIRE PTY LTD T/AS WILLIAMSTOWN CRANE HIRE AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Williamstown Crane Hire Pty Ltd T/As Williamstown Crane Hire 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 Williamstown Crane Hire Pty Ltd T/As Williamstown Crane Hire 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 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Williamstown Crane Hire Pty Ltd. The dispute centred around the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The parties sought the Commission’s determination on whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. The Commission was tasked with assessing the agreement’s compliance with procedural and substantive requirements, including the agreement's coverage of all employees, the provision of required information, and the fairness of its terms and conditions.

The legal issues before the Commission involved verifying whether the agreement was genuinely an enterprise agreement as defined by the Fair Work Act. This included confirming that the agreement had been made by the appropriate bargaining representatives, that it was in writing and had been signed by the necessary parties, and that it did not contain any terms that were inconsistent with the Fair Work Act’s objectives. The Commission also had to determine if the agreement met the procedural requirements, such as adequate consultation with employees and whether the agreement’s terms were fair and reasonable.

The Commission found that the agreement was compliant with all legal requirements. The agreement was properly negotiated and signed by the recognised bargaining representatives, and it contained all the necessary information as required by the Act. The Commission was satisfied that the agreement had been made in good faith and without any coercion. The terms and conditions of the agreement were found to be fair and reasonable, and the process of consultation with employees had been adequately conducted. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, finding it to be compliant with all relevant legal requirements. The Commission determined that the agreement was genuinely an enterprise agreement, properly negotiated and signed, and contained all necessary information. The terms and conditions were deemed fair and reasonable, and the consultation process was adequate. The agreement was thus approved and will serve as the enterprise agreement for the relevant employees and employers for the specified period.

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