Construction, Forestry, Mining and Energy Union

[2013] FWCA 7426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2730)

NORWEST CRANE HIRE #2 PTY LTD/CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION CRANE OPERATORS ENTERPRISE AGREEMENT 2013 TO 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 OCTOBER 2013

Application for approval of the Norwest Crane Hire #2 Pty Ltd/Construction, Forestry, Mining and Energy Union Crane Operators Enterprise Agreement 2013 to 2015

[1] An application has been made for approval of an enterprise agreement known as the Norwest Crane Hire #2 Pty Ltd/Construction, Forestry, Mining and Energy Union Crane Operators Enterprise Agreement 2013 to 2015 (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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] 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.

[5] 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 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of the Norwest Crane Hire #2 Pty Ltd/Construction, Forestry, Mining and Energy Union Crane Operators Enterprise Agreement 2013 to 2015. The applicant union was dissatisfied with the outcome of an earlier application for approval of an enterprise agreement, and submitted an amended agreement for consideration. The applicant argued that the amendments were necessary to address issues raised in the earlier proceedings and to ensure that the agreement was fair and reasonable.

The Commission was required to determine whether the agreement was a simple, low-risk enterprise agreement, and whether it was fair and reasonable in all its terms. The Commission considered a range of factors in making its decision, including the nature of the work performed by the employees, the bargaining power of the parties, and the terms and conditions of the agreement. The Commission also considered submissions from the applicant union, the respondent employer, and other interested parties.

The Commission found that the agreement was a simple, low-risk enterprise agreement, and that it was fair and reasonable in all its terms. The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, penalty rates, and leave entitlements. The Commission also found that the agreement was the product of genuine bargaining between the parties, and that it reflected the relative bargaining power of the parties. The Commission therefore approved the agreement, subject to certain conditions.

The Fair Work Commission approved the Norwest Crane Hire #2 Pty Ltd/Construction, Forestry, Mining and Energy Union Crane Operators Enterprise Agreement 2013 to 2015, subject to the condition that the employer provide the union with a copy of the agreement within 14 days of the decision, and that the agreement be registered with the Commission within 30 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established