DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4599)

STILCON HIRE PTY LTD T/AS CRANE & ACCESS HIRE PTY LTD 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 Stilcon Hire Pty Ltd T/As Crane & Access 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 Stilcon Hire Pty Ltd T/As Crane & Access 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 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

In the matter of an application for approval of the Stilcon Hire Pty Ltd trading as Crane & Access Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the Fair Work Commission was called upon to determine the fairness of the proposed agreement. The dispute centred on whether the agreement met the criteria for being deemed a "better off overall test" (BOOT) agreement, which requires that the proposed terms be no less favourable to employees than their previous terms and conditions, and that they are not detrimental to the employees' overall conditions.

The legal issues that the Commission had to resolve included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to assess if the agreement provided for a fair and reasonable balance between the interests of employers and employees and whether it was consistent with the objectives of the national workplace relations system.

The Commission found that the proposed agreement met the requirements of the BOOT, as it provided for terms and conditions that were not less favourable than those previously in place and did not disadvantage the employees in any way. The agreement included provisions that addressed the interests of both employers and employees, and the Commission was satisfied that it was consistent with the objectives of the national workplace relations system. Consequently, the Commission approved the Stilcon Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The approval came into effect from the date of the Commission's decision.

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