DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6902)

BSF MOBILE CRANES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2015

Application for approval of the BSF Mobile Cranes Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as BSF Mobile Cranes 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 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of BSF Mobile Cranes Pty Ltd and the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was asked to consider the approval of a collective agreement. The union and the employer had negotiated the terms of employment for the workers, and now sought the Commission's approval for these terms to be legally binding.

The central issue before the Commission was whether the collective agreement was in the best interests of the workers and complied with the relevant statutory provisions. This included assessing if the agreement met the standard requirements of a valid enterprise agreement, such as coverage of all relevant employees, and if it provided adequate protections and benefits to the workers.

The Commission examined the provisions of the agreement and found that it met the necessary criteria. It covered all employees of the company, contained standard terms and conditions of employment, and provided for appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement was fair and reasonable, and approved it as a registered instrument. This decision provided certainty and stability for the workers and the employer, ensuring that the terms of their employment were legally recognised and enforceable.

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