DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1037)

NOONAUTO PTY LTD T/A LOUGHLIN CRANE HIRE AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the Noonauto Pty Ltd T/A Loughlin Crane Hire and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Noonauto Pty Ltd T/A Loughlin Crane Hire and CFMEU Union Collective Agreement 2015 - 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the 2015-2019 union collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Noonauto Pty Ltd, trading as Loughlin Crane Hire. The CFMEU sought to have the agreement approved under the Fair Work Act 2009. Noonauto Pty Ltd did not oppose the approval of the agreement but raised concerns about certain provisions, including those relating to wages and working conditions.

The legal issues before the Commission involved assessing whether the provisions of the collective agreement were consistent with the Fair Work Act and its regulations, ensuring that the agreement complied with the principles of good faith bargaining and did not unfairly disadvantage either party. The Commission had to determine whether the agreement contained any unlawful terms and if the union and employer had genuinely attempted to reach an agreement through good faith bargaining.

The Fair Work Commission found that the majority of the provisions in the collective agreement were consistent with the Fair Work Act and did not contain any unlawful terms. The Commission considered the arguments presented by both parties and reviewed the bargaining process. It was satisfied that the union and employer had engaged in genuine discussions and made reasonable efforts to reach an agreement. The Commission approved the 2015-2019 union collective agreement between the CFMEU and Noonauto Pty Ltd, trading as Loughlin Crane Hire.

The Commission's decision highlights the importance of ensuring that collective agreements are negotiated in good faith and comply with the relevant legislation. By approving the agreement, the Commission recognised the efforts made by both parties to reach a mutually beneficial outcome while upholding the principles of fair work.

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