DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4552)

GRAVITY RIGGING & MACHINERY 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 Gravity Rigging & Machinery 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 Gravity Rigging & Machinery 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 case involved an application for the approval of the Gravity Rigging & Machinery Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was made by the CFMEU, and it was heard by the Fair Work Commission, an Australian workplace relations tribunal. The dispute centred around the terms of the proposed enterprise agreement, which aimed to govern the employment conditions of crane operators and other workers in the mobile crane hiring industry.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining if the agreement was a genuine enterprise agreement, whether it contained the necessary minimum terms and conditions, and if it complied with procedural requirements such as proper bargaining and notification processes. The CFMEU argued that the agreement was fair and appropriate, while Gravity Rigging & Machinery Pty Ltd did not formally contest the application but was concerned about the agreement's impact on its business operations.

The Commission found that the agreement was a genuine enterprise agreement, meeting the criteria under the Fair Work Act. It contained all the required minimum terms and conditions, including those mandated by the Fair Work Act and the relevant award. The Commission also concluded that the agreement had been made through proper bargaining and that all procedural requirements were satisfied. Consequently, the Commission approved the agreement, recognising its fairness and appropriateness for the employees covered by it.

As a result of the approval, the Gravity Rigging & Machinery Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was officially recognised and enforceable. The agreement sets out the terms and conditions of employment for crane operators and other workers in the mobile crane hiring industry, providing a framework for fair and equitable workplace relations.

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