DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3342)

BRENT YOUNG CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of the BRENT YOUNG CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the BRENT YOUNG CRANES PTY LTD and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015 (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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the Brent Young Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. Brent Young Cranes Pty Ltd is an employer in the mobile crane hiring industry, and the CFMEU represents the employees of such businesses. The application was made to the Fair Work Commission (FWC), which is the tribunal responsible for matters relating to employment agreements and other workplace relations matters.

The central legal issue before the FWC was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for the fair and efficient resolution of workplace disputes, protected employees from adverse actions, and was otherwise consistent with the public interest. Given the specific nature of the industry and the terms of the agreement, the FWC needed to assess if the provisions concerning wages, working conditions, and dispute resolution mechanisms were fair and reasonable.

The FWC found that the agreement provided for an efficient and fair system for resolving workplace disputes and protected employees from adverse actions. The tribunal also concluded that the agreement's terms were consistent with the public interest and did not undermine the ability of employees to protect their health and safety. The FWC was satisfied that the agreement included appropriate provisions for minimum wages, overtime, penalty rates, and leave entitlements, and that it provided for a fair process for resolving disputes between the employer and employees. The FWC approved the agreement, noting that it struck an appropriate balance between the needs of the employer and the rights and protections of the employees.

The FWC's approval of the agreement was confirmed, and it will now form the basis of employment conditions for the employees of Brent Young Cranes Pty Ltd and other employers in the mobile crane hiring industry covered by the agreement. The tribunal's decision provides certainty for both employers and employees in the industry, ensuring that the agreement will be applied consistently and fairly.

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