DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/901)

THE TRUSTEE FOR G A CAELLI DISCRETIONARY TRUST GENERAL CRANES AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of The Trustee for G A Caelli Discretionary Trust General Cranes and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for G A Caelli Discretionary Trust General Cranes 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 the 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 26 April 2016 and, in accordance with s.54, will operate from 3 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 the approval of a collective agreement between General Cranes and the union. The agreement was set for the period 2015-2019 and was proposed as a means to regulate terms and conditions of employment for workers in the crane operating industry. The crux of the dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically if it adhered to the provisions for enterprise agreements and met the criteria for being a lawful and valid agreement.

The central legal issues revolved around whether the proposed agreement was made in good faith, if it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act, and if it had been appropriately negotiated. Additionally, the court had to determine if the agreement adequately covered all necessary aspects of employment terms and conditions and if it provided for adequate dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission examined the negotiation process and the content of the agreement in detail. The Commission determined that the agreement had been made in good faith and that it contained all the required minimum terms and conditions. The Commission also found that the agreement provided for effective dispute resolution mechanisms. Therefore, the Commission approved the collective agreement as it met all the necessary legal requirements and was beneficial for the employees and employers involved.

The final orders of the Commission were to approve the General Cranes and CFMEU Union Collective Agreement 2015-2019 as a registered agreement under the Fair Work Act. The agreement was to be registered and effective from the date of the Commission's decision, ensuring that it governed the employment terms and conditions for 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