DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6195)

HARLEY CRANES GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Harley Cranes Group Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Harley Cranes Group 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 29 December 2017. 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 approval of a collective agreement with Harley Cranes Group Pty Ltd. The agreement was for the period 2017-2018 and covered various terms and conditions of employment for workers in the crane industry. The dispute involved the CFMEU's assertion that the agreement was fair and reasonable, while Harley Cranes Group argued certain provisions were overly restrictive or not in line with industry standards.

The central legal issues before the Commission were whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, did not unfairly discriminate between employees, and was consistent with the overarching principles of the national workplace relations system. Additionally, the Commission considered the fairness of specific provisions, such as those related to work arrangements, wages, and dispute resolution mechanisms.

The Fair Work Commission found that the collective agreement generally met the statutory criteria for approval. The Commission acknowledged that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs and practices of the crane industry. However, the Commission made several modifications to certain provisions to ensure they aligned more closely with industry standards and to address some of Harley Cranes Group's concerns. These modifications included adjustments to work arrangement clauses and dispute resolution mechanisms to enhance fairness and practicality.

As a result, the Commission approved the collective agreement with the specified modifications. The approved agreement was to be in effect from the date of the Commission's decision, providing a legally binding framework for the employment relationship between Harley Cranes Group and the CFMEU for the designated 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