DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6529)

CRANE RESOURCES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the Crane Resources Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Crane Resources Pty Ltd / CFMEU Collective Agreement 2017-2018 (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 12 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

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 the Crane Resources Pty Ltd / CFMEU Collective Agreement 2017-2018. Crane Resources Pty Ltd contested the application. The nature of the dispute was over the terms and conditions of employment within the agreement, specifically focusing on the provisions that were deemed to be unfair or otherwise not in line with the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an Australian statutory body with jurisdiction over industrial relations matters.

The legal issues before the Commission centred on whether the provisions of the proposed agreement contravened the Fair Work Act, particularly in terms of procedural fairness and the provision of a safety net of minimum entitlements. Crane Resources argued that certain provisions were overly restrictive and imposed unnecessary burdens on the company. The CFMEU, on the other hand, contended that the provisions were necessary to ensure fair treatment of its members and were in line with broader industry standards.

The Fair Work Commission undertook a detailed examination of the provisions of the agreement. It considered the principles of procedural fairness, the necessity of the provisions in maintaining a safety net of minimum entitlements, and the overall impact on the bargaining process. The Commission found that while some provisions did impose additional obligations on the employer, they were not unreasonable and were necessary to protect the rights of the employees. The Commission approved the agreement, subject to minor amendments to address specific concerns raised by Crane Resources.

The Fair Work Commission's decision was to approve the collective agreement with minor modifications. The final orders included specific changes to certain provisions to address the employer's concerns while maintaining the overall integrity and fairness of the agreement. The CFMEU was directed to submit the amended agreement to the Commission for final approval within the specified timeframe.

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