Construction, Forestry, Mining and Energy Union

[2013] FWCA 5628

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7975)

OL SKOOL RIGGIN PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 14 AUGUST 2013

Application for approval of the Ol Skool Riggin 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 Ol Skool Riggin 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 21 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Ol Skool Riggin Pty Ltd. The dispute centred around the approval of the Ol Skool Riggin Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission of Australia.

The central legal issue that the court had to decide was whether the enterprise agreement in question met the requirements of the Fair Work Act 2009, particularly in terms of its fairness and compliance with the relevant provisions. The court needed to determine if the agreement was genuinely bargained, free from coercion and if it complied with the minimum standards prescribed by the Act. Additionally, the court was required to assess whether the agreement was in the best interests of the employees covered by it.

In delivering its decision, the Fair Work Commission found that the enterprise agreement was, in fact, genuinely bargained and free from any form of coercion. The court also determined that the agreement met the minimum standards set forth by the Fair Work Act. Furthermore, the agreement was deemed to be in the best interests of the employees, as it provided them with fair and reasonable terms of employment. Based on these findings, the court approved the enterprise agreement and granted the application for its approval. This decision provided certainty and stability to the parties involved, ensuring that the agreement would be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established