Construction, Forestry, Mining and Energy Union

[2013] FWCA 4592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7253)

MITCHELL CRANE HIRE PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	HOBART, 10 JULY 2013

Application for approval of the Mitchell Crane Hire Pty. Limited / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Mitchell Crane Hire Pty. Limited / CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2013. The nominal expiry date of the Agreement is 1 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Mitchell Crane Hire Pty. Limited / CFMEU Collective Agreement (ACT) 2013-2016. The agreement was made in relation to employees of Mitchell Crane Hire Pty. Limited in the Australian Capital Territory. The dispute centred around the terms and conditions of employment as outlined in the agreement, including pay rates, hours of work, leave provisions and other employment-related matters.

The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the "better off overall test." The court had to determine if the agreement improved the overall terms and conditions of employment for the employees covered by it, compared to the applicable award or safety net.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and it met the better off overall test. The Commission noted that the agreement provided for improved pay rates and conditions for employees, and that it provided for a fair and reasonable balance between the parties' interests. The Commission also found that the agreement contained appropriate dispute resolution provisions and did not contain any provisions that would undermine the operation of the safety net. The Commission approved the agreement, and it came into effect on 1 July 2013.

No additional orders were made by the court beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established