DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4549)

LUKE CLARKE CRANE HIRE TRUST (THE TRUSTEE) T/AS LUKE CLARKE CRANE HIRE 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 Luke Clarke Crane Hire Trust (The Trustee) T/As Luke Clarke 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 Luke Clarke Crane Hire Trust (The Trustee) T/As Luke Clarke 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 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 Construction, Forestry, Mining and Energy Union (CFME Union) applied for approval of a workplace agreement, the Luke Clarke Crane Hire Trust (The Trustee) T/As Luke Clarke Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The CFMEU sought to have the agreement approved as a safety net agreement. The trustee of the Luke Clarke Crane Hire Trust opposed the application on the basis that the agreement did not comply with the safety net requirements. The dispute was heard in the Fair Work Commission.

The legal issues the court needed to decide were whether the enterprise agreement met the safety net provisions under the Fair Work Act 2009. The trustee argued that the agreement did not comply with the safety net provisions because it contained provisions that were below the minimum standards prescribed by the Act. The CFMEU submitted that the agreement was a genuine safety net agreement that provided for minimum terms and conditions of employment that were at least equal to the safety net provided by the Act. The court had to determine whether the agreement provided for minimum terms and conditions of employment that were at least equal to the safety net provided by the Act.

The court held that the agreement did not meet the safety net requirements under the Fair Work Act 2009. The court found that the agreement contained provisions that were below the minimum standards prescribed by the Act. The court found that the agreement did not provide for minimum terms and conditions of employment that were at least equal to the safety net provided by the Act. The court held that the agreement was not a genuine safety net agreement and could not be approved as such. The application for approval of the agreement was dismissed.

The court ordered that the application for approval of the Luke Clarke Crane Hire Trust (The Trustee) T/As Luke Clarke Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be dismissed. The court held that the agreement did not meet the safety net requirements under the Fair Work Act 2009 and could not be approved as a safety net agreement. The court did not approve the agreement and it remains unregistered.

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