DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5090)

SPOTTERS AUSTRALIA PTY LTD (“COMPANY”) AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Spotters Australia Pty Ltd (“Company”) and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Spotters Australia Pty Ltd (“Company”) and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 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) 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 17 November 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) made an application for approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, which was entered into between Spotters Australia Pty Ltd and the CFMEU. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the requirements of section 230 of the Fair Work Act 2009. The company contested the application, arguing that the agreement did not meet the requirements of the Act as it contained terms that were not genuinely bargained between the parties and were not in the best interests of the employees.

The central legal issue before the Commission was whether the agreement contained terms that were genuinely bargained between the parties and whether it was in the best interests of the employees. The Commission had to consider the evidence presented by both parties and determine whether the agreement met the requirements of the Act. The Commission also had to consider whether the agreement contained any terms that were not genuinely bargained between the parties and whether those terms were in the best interests of the employees.

The Commission found that the agreement met the requirements of the Act and that the parties had genuinely bargained for the terms of the agreement. The Commission found that the evidence presented by the company did not establish that the agreement contained any terms that were not genuinely bargained between the parties or that were not in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees and that it was in their best interests. The Commission approved the agreement and made orders accordingly.

The Commission made orders approving the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 between Spotters Australia Pty Ltd and the CFMEU. The orders were made under section 230 of the Fair Work Act 2009 and came into effect on the date of the Commission's decision. The orders approved the agreement as a registered agreement and authorised its use for the purposes of the Act. The company was required to give a copy of the agreement to each of its employees and to display a copy of the agreement in a conspicuous place at each of its workplaces. The employees were entitled to rely on the terms of the agreement as their terms and conditions of employment.

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