Construction, Forestry, Mining and Energy Union

[2014] FWCA 3443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1162)

WA UNIVERSAL CRANE HIRE PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017 (MOBILE CRANE HIRE)

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 MAY 2014

Application for approval of the WA Universal Crane Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (Mobile Crane Hire).

[1] An application has been made for approval of an enterprise agreement known as the WA Universal Crane Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (Mobile Crane Hire) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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) 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 from the date of this decision. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and WA Universal Crane Hire Pty Ltd, with the dispute centering on the approval of the Enterprise Agreement 2014-2017 (Mobile Crane Hire). The matter was heard in the Fair Work Commission, which is tasked with resolving workplace disputes under Australian labour law. The CFMEU sought approval of the agreement, which outlines the terms and conditions of employment for employees in the mobile crane hire sector in Western Australia.

The central legal issues before the Commission involved whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was fairly negotiated, if it contained appropriate provisions for employee protections, and if it complied with the 'better off overall test'. This test requires that employees under the agreement must be no worse off financially and have at least the same conditions as under their previous agreement or award. The Commission also needed to assess if the agreement included all mandatory terms prescribed by the Act and if it adhered to the relevant industrial relations principles.

The Fair Work Commission determined that the enterprise agreement was fairly negotiated and contained adequate provisions for employee protections. The Commission found that the agreement met the 'better off overall test', ensuring that employees would not be disadvantaged financially and would retain at least their previous conditions. Furthermore, the agreement included all mandatory terms as required by the Fair Work Act 2009. The Commission concluded that the agreement was consistent with the principles of industrial relations law and, therefore, approved the application for the agreement.

As a result of the Commission's findings, the application for approval of the Enterprise Agreement 2014-2017 (Mobile Crane Hire) between the CFMEU and WA Universal Crane Hire Pty Ltd was approved. This decision ensures that the terms and conditions outlined in the agreement will govern employment in the mobile crane hire sector in Western Australia for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established