DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/385)

MULHERIN RIGGING & CRANES AUSTRALIA PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2016

Application for approval of the Mulherin Rigging & Cranes Australia Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mulherin Rigging & Cranes Australia Pty Ltd 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. 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 1 March 2016 and, in accordance with s.54, will operate from 8 March 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement entered into with Mulherin Rigging & Cranes Australia Pty Ltd, which was to govern the terms and conditions of employment for the company's employees from 2015 to 2019. The matter was heard in the Fair Work Commission. The central legal issue that the Commission had to address was whether the collective agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and for the purpose of creating an industrial instrument, and if it complied with the provisions for minimum terms and conditions as stipulated in the Act.

The Commission examined the bargaining process and the content of the agreement to ensure it was in compliance with the statutory framework. It was noted that the agreement had been negotiated in good faith, and that the process had been free from any undue influence or coercion. The Commission also assessed whether the agreement provided for minimum terms and conditions as required by the Fair Work Act. In reviewing the agreement, the Commission found that it contained provisions that met or exceeded the minimum standards, and that the agreement was appropriately tailored to the specific needs of the parties involved. Based on these findings, the Commission determined that the collective agreement was made in good faith and was an appropriate instrument for the purpose of regulating the employment relationship between the parties.

The Commission approved the Mulherin Rigging & Cranes Australia Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, finding that it met the requirements of the Fair Work Act. The decision confirmed the validity of the agreement and its applicability as a binding industrial instrument for the duration specified. The approval ensures that the terms and conditions of employment for the relevant employees are governed by the agreed-upon provisions, providing clarity and stability in the workplace. This decision reinforces the importance of ensuring that collective agreements are negotiated fairly and comply with the legal standards set out in the Fair Work Act.

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