DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/680)

DEXALAW PTY. LTD. T/A HANCHARD CRANE HIRE AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 APRIL 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Dexalaw Pty. Ltd. T/A Hanchard 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 6 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement entered into with Dexalaw Pty. Ltd., trading as Hanchard Crane Hire. The agreement, proposed for the period of 2015 to 2019, was subject to scrutiny under the Fair Work Act 2009 to ensure it met the necessary criteria for a modern award. The dispute centred around whether the agreement contained all the required minimum terms and conditions, and if it complied with the procedural requirements for its approval.

The legal issues before the court involved the interpretation of the Fair Work Act 2009, specifically sections pertaining to the approval of enterprise agreements. Key concerns included whether the agreement included all the permissible minimum terms and conditions and whether the requisite procedural steps had been followed, including the provision of a copy of the agreement to all affected employees and the holding of any required meetings or discussions. The court also needed to determine if the agreement was made in good faith and whether it provided for the proper operation of the business.

The Fair Work Commission found that the agreement was comprehensive and included all the required minimum terms and conditions. It was also determined that the procedural requirements had been met, with proper notification and consultation processes evident. The Commission concluded that the agreement was made in good faith and facilitated the proper operation of the business. Consequently, the application for approval was granted, and the collective agreement was endorsed.

The final orders of the Commission were that the Dexalaw Pty. Ltd. T/A Hanchard Crane Hire and CFMEU Union Collective Agreement 2015-2019 be approved and registered. This decision ensured that the agreement could be implemented, providing a stable framework for employment conditions within 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