DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/157)

FTW CRANE HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2018

Application for approval of the FTW 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 FTW 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. 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 (CFMEU) filed an application for the approval of the FTW Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 before the Fair Work Commission (FWC). The agreement sought to regulate employment conditions for mobile crane operators within the industry. The dispute centred on whether the agreement complied with the necessary legal standards and whether it appropriately represented the interests of the employees.

The court was required to decide if the agreement met the formal requirements for approval under the Fair Work Act 2009, including whether it contained essential minimum terms and conditions. Additionally, the court needed to assess if the agreement was genuinely a product of free collective bargaining and if it was in the best interests of the employees. The court also examined if the agreement provided adequate protections for vulnerable workers and if it adhered to any applicable minimum wage rates.

The Fair Work Commission found that the agreement met the formal requirements for approval and was a genuine product of free collective bargaining. The court held that the agreement was in the best interests of the employees, providing them with fair and reasonable terms. It was noted that the agreement included provisions for minimum wages, reasonable working hours, and adequate protections for vulnerable workers. The court approved the agreement, recognising its benefits for the industry and the employees involved. The final orders confirmed the approval of the agreement, allowing it to take effect as intended.

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