DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4535)

QUINLAN CRANES 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 Quinlan Cranes 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 Quinlan Cranes 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

In the recent case of the Construction, Forestry, Mining and Energy Union, the Full Bench of the Fair Work Commission dealt with an application for the approval of the Quinlan Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The parties involved were Quinlan Cranes Pty Ltd, represented by its managing director, and the Construction, Forestry, Mining and Energy Union, acting on behalf of the employees. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the court had to address were whether the enterprise agreement met the requirements for registration under the Fair Work Act, including provisions related to minimum entitlements, procedural fairness, and the good faith bargaining process. The court needed to determine whether the agreement provided for minimum terms and conditions that were not less favourable than the relevant awards or safety net award and whether it was made in good faith. Additionally, the court had to consider if the agreement complied with procedural fairness, ensuring all parties were adequately represented and had a reasonable opportunity to negotiate.

The court's reasoning involved a detailed examination of the agreement's terms, ensuring they aligned with the Fair Work Act's requirements. The Full Bench concluded that the agreement did indeed meet the criteria for approval. It found that the agreement provided for minimum terms and conditions that were not less favourable than the relevant awards, and it was made in good faith. The court also determined that the process followed was procedurally fair, with all parties having a reasonable opportunity to negotiate and be represented. The Full Bench ultimately approved the agreement, finding it met all necessary legislative requirements.

The final orders of the court were to approve the Quinlan Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, thereby formalising the terms and conditions outlined in the agreement. The decision underscores the importance of adhering to statutory requirements and ensuring fair and transparent processes in enterprise bargaining.

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