Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2503)

HAGO MACHINERY PTY LTD/CFMEU CRANE OPERATOS ENTERPRISE AGREEMENT 2012 - 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 AUGUST 2013

Application for approval of the Hago Machinery Pty Ltd/CMFEU Crane Operators Enterprise Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hago Machinery Pty Ltd/CMFEU Crane Operators Enterprise Agreement 2012 - 2014 (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 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEEU) applied to the Fair Work Commission for the approval of the Hago Machinery Pty Ltd/CMFEU Crane Operators Enterprise Agreement 2012 - 2014. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement was not in the best interests of the employees and did not provide adequate protections. The CFMEEU contended that the agreement was fair and reasonable and should be approved.

The legal issues before the court were whether the agreement was in the best interests of the employees and whether it provided adequate protections. The court considered whether the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees, and whether it was in the best interests of the employees. The court also considered whether the agreement complied with relevant legislation and regulations.

In reaching its decision, the court found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees. The court found that the agreement was in the best interests of the employees and that it complied with relevant legislation and regulations. The court approved the agreement, subject to certain conditions.

The final orders of the court were that the Hago Machinery Pty Ltd/CMFEU Crane Operators Enterprise Agreement 2012 - 2014 be approved, subject to certain conditions, including that the parties must provide a copy of the agreement to each employee covered by the agreement within 14 days of the approval, and that the agreement must be registered with the Fair Work Commission within 30 days of the approval. The court also ordered that the parties must provide a copy of the agreement to the Fair Work Ombudsman within 14 days of the approval.

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