DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4494)

GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/AS GENERAL 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 GC Crane Hire ATF GA Caelli Discretionary Trust T/As General 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 GC Crane Hire ATF GA Caelli Discretionary Trust T/As General 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

In the matter of the Construction, Forestry, Mining and Energy Union and the application for approval of the GC Crane Hire ATF GA Caelli Discretionary Trust T/As General Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the Fair Work Commission was required to determine whether the agreement was suitable for registration. The dispute centred on the adequacy of the agreement in terms of compliance with the Fair Work Act 2009, particularly whether it met the criteria for approval as a safety net agreement.

The legal issues before the Commission involved an assessment of whether the enterprise agreement contained minimum terms and conditions that provided for fair and reasonable remuneration and conditions, and whether it ensured the safety and welfare of employees. Additionally, the Commission needed to consider whether the agreement met the requirements for a safety net agreement, including the protection of employees' rights and interests.

The Commission carefully reviewed the provisions of the agreement, taking into account the submissions from both parties. It found that the agreement provided for fair and reasonable remuneration and conditions, and that it contained provisions that ensured the safety and welfare of employees. Furthermore, the Commission determined that the agreement met the requirements for a safety net agreement, as it provided for minimum terms and conditions that were fair and reasonable, and that it protected the rights and interests of employees. Based on these findings, the Commission approved the agreement for registration.

The Fair Work Commission approved the GC Crane Hire ATF GA Caelli Discretionary Trust T/As General Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 as a safety net agreement. The agreement was deemed to meet the requirements of the Fair Work Act 2009 and to provide for fair and reasonable remuneration and conditions, as well as ensuring the safety and welfare of employees.

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