Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/1008)

INTERSTATE CRANE & TRANSPORT HIRE PTY LTD & CFMEU (WA) CRANE OPERATORS ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 13 AUGUST 2013

Application for approval of the Interstate Crane & Transport Hire Pty Ltd & CFMEU (WA) Crane Operators Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Interstate Crane & Transport Hire Pty Ltd & CFMEU (WA) Crane Operators Enterprise Agreement 2012-2015 (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 28 February 2015.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Mining and Energy Union and Interstate Crane & Transport Hire Pty Ltd. The dispute centred around the approval of the Crane Operators Enterprise Agreement 2012-2015. The application was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was in the public interest and whether it provided for the protection of employees' conditions. The Commission also had to consider if the agreement provided for fair and efficient workplace relations and if it aligned with the broader objectives of the Fair Work Act.

In reaching its decision, the Commission examined the provisions of the agreement and the submissions made by the parties. The Commission found that the agreement met the necessary criteria, including the provision for fair and efficient workplace relations and the protection of employees' conditions. The agreement also aligned with the public interest objectives of the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Interstate Crane & Transport Hire Pty Ltd & CFMEU (WA) Crane Operators Enterprise Agreement 2012-2015, finding it met the criteria for approval under the Fair Work Act 2009. The agreement was deemed to be in the public interest, provided for the protection of employees' conditions, and aligned with the objectives of the Act.

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