Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4843

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7509)

CFMEU AND THE ENGINEERING COMPANY PTY LTD MOBILE CRANE HIRING ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Application for approval of the CFMEU and The Engineering Company Pty Ltd Mobile Crane Hiring Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CFMEU and The Engineering Company Pty Ltd Mobile Crane Hiring Enterprise Agreement 2013 (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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 26 July 2013. The nominal expiry date of the Agreement is 1 January 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and The Engineering Company Pty Ltd, with the dispute concerning the approval of the Mobile Crane Hiring Enterprise Agreement 2013. The matter was brought before the Fair Work Commission, which is responsible for regulating enterprise agreements under the Fair Work Act 2009. The CFMEU sought approval for the agreement, which aimed to establish terms and conditions for employees in the mobile crane hiring industry.

The primary legal issue the Fair Work Commission had to address was whether the Mobile Crane Hiring Enterprise Agreement 2013 met the criteria for approval under the Fair Work Act. The Commission needed to determine if the agreement was fair and reasonable, considering various factors such as the nature of the industry, the bargaining power of the parties, and the overall impact on employees. Additionally, the Commission had to ensure that the agreement complied with the provisions of the Fair Work Act, including the protection of employees' rights and interests.

In delivering its decision, the Fair Work Commission examined the agreement's provisions, taking into account the submissions from both the CFMEU and The Engineering Company Pty Ltd. The Commission found that the agreement was fair and reasonable, as it provided for appropriate terms and conditions that reflected the unique nature of the mobile crane hiring industry. The Commission also concluded that the agreement did not disadvantage employees and complied with the relevant provisions of the Fair Work Act. Consequently, the Fair Work Commission approved the Mobile Crane Hiring Enterprise Agreement 2013, thereby resolving the dispute between the parties.

The final orders of the Fair Work Commission were that the Mobile Crane Hiring Enterprise Agreement 2013 be approved, effective from the date of the decision. The agreement would now apply to the employees covered by its terms, and both the CFMEU and The Engineering Company Pty Ltd were bound by its provisions. This decision provided clarity and certainty for the industry, ensuring that employees had a fair and reasonable enterprise agreement in place.

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