DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4436)

BENLINC PTY LTD T/AS BENLINC CRANES 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 Benlinc Pty Ltd T/As Benlinc Cranes 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 Benlinc Pty Ltd T/As Benlinc Cranes 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to the Fair Work Commission for the approval of the Benlinc Pty Ltd T/As Benlinc Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was contested by Benlinc Pty Ltd, who raised concerns about the agreement's provisions and their implications for the business. The dispute was heard and determined by the Fair Work Commission, an Australian independent statutory tribunal responsible for the resolution of workplace disputes.

The primary legal issue before the Fair Work Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its provisions concerning wages, conditions, and the overall fairness of the agreement. The Commission had to assess whether the agreement provided for a safety net of minimum entitlements, did not include terms that were contrary to public policy, and whether it was made in good faith and without coercion. The contested provisions included those related to pay rates, allowances, and certain operational requirements.

The Fair Work Commission determined that the agreement, while generally meeting the requirements of the Act, contained several provisions that did not comply with the statutory safety net provisions. However, the Commission found that the overall fairness of the agreement was not compromised to a significant extent. The Commission varied certain provisions to ensure compliance with the safety net requirements and approved the agreement with these variations. The decision emphasised the importance of maintaining a balance between the interests of the employer and the employees, while ensuring that the agreement adhered to the legislative framework.

The Fair Work Commission approved the agreement with the specified variations to certain provisions. The decision underscores the importance of ensuring that enterprise agreements comply with the statutory safety net and other legal requirements, while also recognising the need to balance the interests of both employers and employees in the workplace.

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