DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3833)

S & N UNIT TRUST (THE TRUSTEE FOR) T/AS S & N CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the S & N Unit Trust (The Trustee For) T/As S & N Cranes 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 S & N Unit Trust (The Trustee For) T/As S & N Cranes 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 11 July 2016 and, in accordance with s.54, will operate from 18 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 S & N Unit Trust, trading as S & N Cranes Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of their enterprise agreement. The application was heard in the Fair Work Commission. The dispute centred around the terms of the proposed agreement, specifically whether it complied with the requirements of the Fair Work Act 2009. The parties needed to demonstrate that the agreement was made in good faith and that it complied with the provisions of the Act, including provisions concerning the process for making the agreement.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act, particularly sections concerning the approval of enterprise agreements. The key issues were whether the agreement had been made in good faith and whether it complied with the procedural and substantive requirements set out in the Act. The Commission had to assess whether the bargaining process was genuine and whether the terms of the agreement were fair and reasonable.

The Commission found that the agreement had been made in good faith and that it complied with the requirements of the Act. The evidence presented demonstrated that the bargaining process was genuine and that the agreement met the necessary standards for approval. The terms of the agreement were deemed to be fair and reasonable, taking into account the interests of both the employer and the employees. The Commission approved the agreement, noting that it provided for appropriate protections and benefits for the employees involved.

The Fair Work Commission approved the S & N Cranes Pty Ltd and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, finding it to be made in good faith and compliant with the Fair Work Act. The Commission acknowledged the efforts of both parties in reaching the agreement and highlighted the importance of such agreements in maintaining fair and balanced industrial relations. The approval of the agreement ensures that it will be legally enforceable and that the terms will apply to the employees covered by the agreement.

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