Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8891

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11342)

TITAN CRANES AND RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 NOVEMBER 2013

Application for approval of the Titan Cranes and Rigging Pty Ltd/CFMEU Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Titan Cranes and Rigging Pty Ltd/CFMEU Collective Agreement 2013 (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 and Titan Cranes and Rigging Pty Ltd. 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, have 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Titan Cranes and Rigging Pty Ltd/CFMEU Collective Agreement 2013, which was made on 17 December 2013. The application was made to the Fair Work Commission, which was required to determine whether the agreement was in the interests of the Commonwealth. Titan Cranes and Rigging Pty Ltd is a company that provides crane hire services in Australia, and the CFMEU is a trade union representing workers in the construction, forestry, mining, and energy industries.

The legal issues before the Fair Work Commission included whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it complied with the Fair Work Act 2009. The Commission also had to consider whether the agreement was in the interests of the Commonwealth and whether it complied with the relevant provisions of the Act. The CFMEU argued that the agreement was fair and reasonable and provided for appropriate terms and conditions of employment for its members.

The Fair Work Commission found that the agreement was fair and reasonable and complied with the Act. The Commission noted that the agreement provided for appropriate terms and conditions of employment for the workers covered by the agreement, including provisions relating to pay rates, hours of work, leave, and other benefits. The Commission also found that the agreement was in the interests of the Commonwealth and that it complied with the relevant provisions of the Act. The application for approval of the agreement was therefore granted.

The Fair Work Commission made an order approving the Titan Cranes and Rigging Pty Ltd/CFMEU Collective Agreement 2013 as a registered agreement. The order came into effect on 17 December 2013 and will remain in force until it is terminated or replaced by a new agreement. The CFMEU and Titan Cranes and Rigging Pty Ltd are now bound by the terms of the agreement, which provides for the terms and conditions of employment for the workers covered by the agreement.

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