DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4510)

SKYLIFT CRANE SERVICES (AUST) PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the Skylift Crane Services (Aust) 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 Skylift Crane Services (Aust) 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 27 July 2016 and, in accordance with s.54, will operate from 3 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 matter before the Fair Work Commission involved an application for approval of the Skylift Crane Services (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred around the proposed agreement’s compliance with the Fair Work Act 2009 and whether it met the requirements for being a ‘better off overall test’ agreement. The Commission was required to examine if the agreement provided a net benefit to the employees and if it adhered to the procedural and substantive fairness criteria.

The key legal issues the Commission needed to address included whether the agreement had been made in accordance with the procedural fairness requirements of the Act, and whether it satisfied the substantive fairness criteria, particularly the ‘better off overall test’. The Commission also needed to consider if the agreement included all mandatory terms and if it complied with any relevant national workplace laws. Additionally, the Commission was tasked with ensuring the agreement did not have any provisions that were contrary to public policy.

The Commission determined that the agreement was procedurally fair as it was made following a proper consultation process and involved genuine bargaining between the parties. The Commission found that the agreement met the better off overall test, as it provided a net benefit to the employees, including improved wages and conditions. The Commission also confirmed that the agreement contained all mandatory terms and did not include any provisions that contravened national workplace laws or public policy. Accordingly, the Commission approved the agreement, finding it to be a lawful and fair enterprise agreement.

The Fair Work Commission approved the Skylift Crane Services (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Commission found the agreement to be procedurally and substantively fair and compliant with all relevant legal requirements. The approval of the agreement ensures that the terms and conditions of employment for the employees under the agreement are legally binding and enforceable.

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