DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3806)

JFK CRANES PTY LTD T/AS JFK CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

Application for approval of the JFK Cranes Pty Ltd T/As JFK 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 JFK Cranes Pty Ltd T/As JFK 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 8 July 2016 and, in accordance with s.54, will operate from 15 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 court involved an application for the approval of the JFK Cranes Pty Ltd T/As JFK Cranes and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the enterprise agreement. The central dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to the procedural fairness and the fairness of the terms and conditions it proposed.

The legal issues the court needed to resolve included whether the agreement was made in accordance with the provisions of the Fair Work Act, specifically whether the agreement was certified as uncomplicated, and whether it complied with the requirements for procedural fairness and the substantive fairness of its terms. The court also had to consider whether there were any defects in the process that led to the formation of the agreement that could render it invalid. The primary focus was on whether the agreement was made in good faith and whether it provided for the proper determination of terms and conditions of employment.

In its reasoning, the court assessed the processes undertaken by the parties during the negotiation and formation of the enterprise agreement. It examined whether the employer and the union had followed the statutory requirements and whether the agreement contained provisions that were fair and reasonable. The court found that the agreement had been made in good faith and that it complied with the procedural and substantive fairness requirements. The agreement was deemed to be uncomplicated and met the necessary criteria for approval. Consequently, the court approved the enterprise agreement, finding it to be valid and binding on the parties involved.

The final orders of the court were that the JFK Cranes Pty Ltd T/As JFK Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be approved. The agreement was recognised as a valid and legally binding enterprise agreement under the Fair Work Act 2009, effective from the date of the court's approval. This decision confirmed the terms and conditions set out in the agreement as applicable to the employees of JFK Cranes Pty Ltd.

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