| [2016] FWCA 5097 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Mining and Energy Union
(AG2016/4563)
MCL CRANE 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 MCL 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 the MCL 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. 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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- AGLC
- Construction, Forestry, Mining and Energy Union [2016] FWCA 5097
- Case
- [2016] FWCA 5097
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a bona fide attempt to establish an enterprise agreement, whether it contained only matters that were allowable under the Act, and whether it provided for a fair and efficient workplace. The court also needed to determine whether the agreement was in the best interests of the employees and if it complied with the procedural requirements of the Act.
The court examined the agreement clause by clause, considering its provisions against the criteria set out in the Fair Work Act. It found that the agreement was a bona fide attempt to establish an enterprise agreement, contained only allowable matters, and provided for a fair and efficient workplace. The court concluded that the agreement was in the best interests of the employees and complied with the procedural requirements of the Act. As such, the court approved the agreement, subject to certain modifications to ensure compliance with the Act.
The court's final order was that the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, as modified by the court, be approved. The modifications included changes to certain provisions to ensure that they met the requirements of the Act, such as the inclusion of a clause regarding the payment of overtime and the removal of a clause that allowed for the termination of employment on the basis of an employee's membership in a trade union. The agreement was approved as modified and will now govern the terms and conditions of employment for workers in the mobile crane hiring industry for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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