DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4448)

ECH GEELONG T/AS EASTSIDE 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 ECH Geelong T/As Eastside 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 ECH Geelong T/As Eastside 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

In the matter of an application for approval of the ECH Geelong T/As Eastside Crane Hire and the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with determining whether the Enterprise Agreement in question should be approved. The dispute centred around the terms and conditions outlined in the proposed agreement between the employer, ECH Geelong T/As Eastside Crane Hire, and the union, CFMEU, for the period 2016 to 2019. The Commission was required to assess the agreement's compliance with the relevant legislative framework, specifically the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement met the statutory requirements for being a lawful enterprise agreement, and if it appropriately balanced the interests of both employers and employees. This involved examining whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and if it adhered to the procedural fairness principles. Additionally, the Commission had to consider if the agreement complied with the 'better off overall test', ensuring that no party was disadvantaged by the terms of the agreement.

The Commission found that the agreement met the necessary statutory requirements and was made in good faith. It concluded that the agreement provided for fair and reasonable terms and conditions, taking into account the needs and interests of both the employer and employees. The Commission also determined that the agreement passed the 'better off overall test', as no party was disadvantaged by the terms of the agreement. Consequently, the Commission approved the Enterprise Agreement, acknowledging its compliance with the legislative framework and its balanced approach to the rights and obligations of the parties involved.

As a result of the Commission's decision, the ECH Geelong T/As Eastside Crane Hire and the Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016-2019 was approved and will govern the terms and conditions of employment for the specified period. The approval ensures that both the employer and employees have a legally binding agreement that addresses their respective interests and complies with the Fair Work Act 2009.

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