Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11973)

STILCON HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Stilcon Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Stilcon Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015 (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 (CFMEU). 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 CFMEU 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, will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Stilcon Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015, which outlined the terms and conditions of employment for mobile crane operators. The matter was heard in the Fair Work Commission. The central legal issues were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for an enterprise agreement, including the need for it to be in writing, to be free from prohibited content, and to have been made in good faith. The CFMEU argued that the agreement was valid and should be approved, while Stilcon Hire Pty Ltd contested its approval, claiming that certain provisions within the agreement were not in line with the statutory requirements.

The Commission examined the agreement to ensure it met the legislative criteria. It found that the agreement was in writing and contained all the necessary terms and conditions of employment. The Commission also determined that the agreement was free from prohibited content and that it had been made in good faith. While the agreement contained provisions that were not entirely standard, the Commission held that these provisions did not breach the Fair Work Act 2009 or otherwise render the agreement invalid. Consequently, the Commission approved the Stilcon Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015.

The Fair Work Commission approved the agreement, finding that it complied with the statutory requirements and was a valid enterprise agreement. The agreement was therefore approved and became legally binding on the parties.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established