Construction, Forestry, Mining and Energy Union

[2014] FWCA 5480

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1929)

HARLEY CRANES GROUP PTY LIMITED/CFMEU COLLECTIVE AGREEMENT 2014-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 AUGUST 2014

Application for approval of the Harley Cranes Group Pty Limited/CFMEU Collective Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known asthe Harley Cranes Group Pty Limited/CFMEU Collective Agreement 2014-2015 (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). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were Harley Cranes Group Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU), with the Fair Work Commission (FWC) acting as the decision-maker. The dispute centred around the approval of a collective agreement between the parties for the years 2014 and 2015. The CFMEU sought approval of the agreement under the Fair Work Act 2009, while Harley Cranes Group argued against its approval on various grounds.

The legal issues the court had to resolve included whether the agreement met the statutory requirements for approval under the Fair Work Act and whether the process followed by the FWC was fair and in line with the law. The CFMEU contended that the agreement was just and reasonable and should be approved, while Harley Cranes Group argued that certain provisions of the agreement were unreasonable and unfair, leading to a detrimental impact on their business operations.

The FWC examined the agreement's provisions, taking into account the principles of fairness and reasonableness. The Commission found that while some provisions were indeed unreasonable, the overall agreement was just and reasonable, considering the context and industry standards. Consequently, the FWC approved the agreement with modifications to certain provisions to address the concerns raised by Harley Cranes Group.

The final orders of the FWC were that the Harley Cranes Group Pty Limited/CFMEU Collective Agreement 2014-2015 be approved with the aforementioned modifications, ensuring the agreement's compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established