DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4492)

MARTIN CICERALE GROUP PTY LTD T/AS MCG CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

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

Application for approval of the Martin Cicerale Group Pty Ltd T/As MCG Cranes 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 Martin Cicerale Group Pty Ltd T/As MCG Cranes 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 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 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Martin Cicerale Group Pty Ltd, trading as MCG Cranes, for approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. This agreement was contested by the Construction, Forestry, Mining and Energy Union (CFMEU), which raised concerns about the fairness and effectiveness of the proposed agreement. The case was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a safety net for employees and if it was free from coercion, undue influence, and any other unfair practices. The CFMEU argued that the agreement did not adequately protect employees and contained provisions that could lead to unfair treatment.

In its decision, the Commission examined the agreement clause by clause, weighing the submissions from both parties. The Commission found that the agreement did not fully meet the statutory requirements for approval. Notably, the CFMEU's concerns about the agreement's provisions regarding shift patterns and the potential for adverse economic impact on employees were upheld. Consequently, the Commission rejected the application for approval, emphasising the need for a more balanced and fair agreement that truly represents the interests of all employees.

The Commission did not approve the Martin Cicerale Group Pty Ltd T/As MCG Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. It directed both parties to recommence negotiations with the aim of reaching an agreement that meets the statutory criteria for approval.

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