DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4571)

THE TRUSTEE FOR TIGER CRANE TRADING TRUST T/AS TIGER CRANE 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 Trustee for Tiger Crane Trading Trust T/As Tiger Crane 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 Trustee for Tiger Crane Trading Trust T/As Tiger Crane 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of an enterprise agreement on behalf of mobile crane operators employed by Tiger Crane Trading Trust. The Fair Work Commission was asked to approve the agreement, which had been reached through negotiations between the Union and the Trust. The dispute arose because the Trust argued the agreement did not meet the requirements for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval, including whether it had been genuinely negotiated and whether it contained only matters that could be the subject of an enterprise agreement. The Union argued that the agreement was genuinely negotiated and contained appropriate matters. The Trust contended that the agreement was not genuinely negotiated and contained impermissible matters.

The Commission found that the agreement had been genuinely negotiated and contained only matters that could be the subject of an enterprise agreement. The evidence demonstrated that the parties had engaged in meaningful negotiations and reached the agreement in good faith. The Commission also found that the agreement contained appropriate matters, such as rates of pay, hours of work, and other conditions of employment. The Trust's arguments were rejected as lacking in substance and not supported by the evidence.

The Commission approved the agreement, and it is now a legally binding enterprise agreement. The Trust is required to comply with the terms of the agreement, and the Union is entitled to enforce its provisions. The Union's application for approval was successful, and the Trust's objections were dismissed.

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