DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3865)

STATEWIDE CRANES AUSTRALIA PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the STATEWIDE CRANES AUSTRALIA 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 STATEWIDE CRANES AUSTRALIA 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 13 July 2016 and, in accordance with s.54, will operate from 20 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 before the Fair Work Commission involved an application for approval of the Statewide Cranes Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute arose due to disagreements between the employer and the union regarding the terms and conditions of employment for mobile crane operators within the industry. The Commission was required to determine whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to address included whether the agreement was made in good faith, if it included appropriate minimum terms and conditions, and whether it complied with procedural requirements. Specifically, the Commission had to assess whether the agreement included provisions for minimum rates of pay, penalties for contraventions, and adequate dispute resolution mechanisms. The Commission also needed to determine if there was sufficient employee and employer consultation and if the agreement contained terms that were not detrimental to employees.

In reaching its decision, the Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith and contained appropriate minimum terms and conditions, including provisions for pay rates, penalty rates, and dispute resolution. The Commission noted that there was evidence of adequate consultation between the employer and the union during the negotiation process. As a result, the Commission determined that the agreement met all the necessary criteria for approval and was in the interests of the employees covered by the agreement.

The Fair Work Commission approved the Statewide Cranes Australia Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, confirming its compliance with the Fair Work Act. The agreement was deemed to be in the best interests of the employees, providing fair and reasonable terms and conditions of employment. The Commission's decision was based on the comprehensive evidence presented and the appropriate negotiation process undertaken by the parties involved.

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