DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3727)

MAJOR CRANE LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 JULY 2016

Application for approval of the Major Crane Logistics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Major Crane Logistics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 5 July 2016 and, in accordance with s.54, will operate from 12 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Major Crane Logistics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from disagreements between the parties over the terms and conditions of employment as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the enterprise agreement provided for the minimum entitlements required by law, was free from prohibited content, and had been genuinely negotiated between the parties. The CFMEU argued that the agreement sufficiently met all legislative requirements, while Major Crane Logistics contended that certain provisions did not comply with the Act.

In its decision, the Commission carefully examined the terms of the agreement against the statutory requirements. It found that the agreement provided for all the minimum entitlements stipulated in the Fair Work Act, including provisions for wages, hours of work, leave, and other employment conditions. The Commission also determined that the agreement was free from prohibited content and had been genuinely negotiated. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Major Crane Logistics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, determining that it met all legal requirements under the Fair Work Act 2009. This decision provides clarity on the terms of employment and the conditions under which Major Crane Logistics Pty Ltd and its employees will operate during the specified period.

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