DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2015/186)

EVERWILLING TOWER CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 MARCH 2015

Application for approval of the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2015 - 2016 (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 Applicant) and nominates the Construction Forestry Mining and Energy Union (CFMEU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2015. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2015-2016. The applicant was a trade union and the respondent was an employer engaged in the crane hire industry. The dispute concerned the validity and approval of a collective agreement between the parties. The matter was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction over employment matters in Australia.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained provisions that were contrary to public policy, including provisions that imposed excessive restrictions on employees' rights. The Commission also had to consider whether the agreement met the requirements for "single-employer" agreements under the Act.

The Commission found that several provisions in the agreement were contrary to public policy and therefore invalid. These included provisions that restricted employees' rights to take leave and to be paid for overtime. However, the Commission approved the remaining provisions of the agreement, finding that they did not impose excessive restrictions on employees' rights and were otherwise compliant with the Act. The Commission also found that the agreement met the requirements for a single-employer agreement.

The Commission approved the collective agreement with certain invalid provisions removed. The employer and the union were directed to take all necessary steps to give effect to the approved agreement. The parties were also directed to take all reasonable steps to inform their employees of the approved agreement and to ensure that it was brought to their attention. The decision provides guidance on the types of provisions that may be considered contrary to public policy in collective agreements and the requirements for single-employer agreements under 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