DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3839)

MAJOR CRANE LOGISTICS 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 Major Crane Logistics 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 Major Crane Logistics 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Major Crane Logistics Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute arose from Major Crane Logistics Pty Ltd’s claim that the agreement unfairly disadvantaged the company by imposing excessive conditions on crane operators. The Fair Work Commission heard the matter, tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009.

The Commission needed to consider several legal issues, including whether the agreement was made in good faith, whether it met the "better off overall test," and if it adhered to the statutory requirements for enterprise agreements. The Commission also had to examine whether the agreement contained terms that were against the public interest or contrary to the spirit of the Act. This included scrutinising whether the provisions imposed unreasonable restrictions on the company’s operational flexibility.

The Commission found that the agreement was made in good faith and satisfied the better off overall test. The terms of the agreement were considered fair and reasonable, and no public interest considerations or contrary spirit objections were substantiated. The Commission concluded that the agreement was appropriate for approval as it provided for fair and reasonable terms for both parties, without imposing undue hardship on the company. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Major Crane Logistics Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. This decision provided clarity for both the CFMEU and Major Crane Logistics Pty Ltd, affirming the legitimacy of the negotiated terms within the bounds of the Fair Work Act.

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