DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4487)

GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/AS GENERAL CRANES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the GC Crane Hire ATF GA Caelli Discretionary Trust T/As General Cranes and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the GC Crane Hire ATF GA Caelli Discretionary Trust T/As General Cranes and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 20 July 2016 and, in accordance with s.54, will operate from 27 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of an enterprise agreement with GC Crane Hire ATF GA Caelli Discretionary Trust trading as General Cranes. The CFMEU represents the workers in the construction industry, and the enterprise agreement sought to govern their employment terms and conditions. The dispute arose when the respondent, GC Crane Hire, contested the application for approval, raising objections to certain provisions within the proposed agreement.

The central legal issues before the commission involved whether the provisions in question were consistent with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, GC Crane Hire argued that certain clauses in the agreement were unfair and did not comply with the requirements for employee protection and procedural fairness. The CFMEU, on the other hand, asserted that the agreement was fair and represented a genuine bargain between the parties.

The commission considered the arguments presented by both parties and examined the provisions in dispute. It found that the provisions in question did not meet the criteria for unfair dismissal as outlined in the Fair Work Act. The commission noted that the agreement contained adequate protections for employees and adhered to the procedural fairness requirements. Furthermore, the commission determined that the agreement represented a genuine bargain between the parties, as evidenced by the negotiation process and the mutual benefits conferred by the agreement. Consequently, the commission approved the enterprise agreement, finding that it complied with the relevant statutory provisions and was fair and reasonable.

As a result of the commission's decision, the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and will govern the employment terms and conditions of the workers represented by the CFMEU at GC Crane Hire. The final orders of the commission confirmed the approval of the enterprise agreement and directed the parties to comply with its terms and conditions.

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