Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7302

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9484)

GUZZARDI CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Guzzardi Cranes 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 Guzzardi Cranes 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 30 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter involved an application for the approval of the Guzzardi Cranes Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought the Fair Work Commission's approval of the enterprise agreement, which would govern the employment terms and conditions for mobile crane operators employed by Guzzardi Cranes Pty Ltd. The dispute centred on whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees it sought to represent.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for coverage, as well as if it provided for fair and reasonable terms and conditions for the employees it sought to represent. The court also had to assess if the agreement was appropriately negotiated and if it was in the best interests of the employees, particularly given the lack of employee representation during the negotiation process.

The court examined the evidence presented by both parties and considered the provisions of the Fair Work Act. It found that while the agreement was fairly negotiated and contained reasonable terms and conditions, the lack of employee representation during the negotiation process was a significant issue. The court concluded that the agreement did not adequately represent the interests of the employees, particularly in light of the absence of employee representation during the negotiation process. Consequently, the court determined that the agreement did not meet the requirements of the Fair Work Act and dismissed the application for approval.

No final orders were made as the application for approval was dismissed. The court's decision emphasised the importance of fair and genuine negotiation processes and the need for employee representation in the negotiation of enterprise agreements. This case highlights the critical role of employee representation in ensuring that enterprise agreements adequately protect the interests of employees and comply with the relevant legislative requirements.

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