Construction, Forestry, Mining and Energy Union

[2013] FWCA 4447

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1794)

FULLERS MOBILE CRANES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 JULY 2013

Application for approval of the Fullers Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fullers Mobile Cranes Pty Ltd/CFMEU Collective Agreement 2012-2015 (the Agreement). The application was made by the CFMEU 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 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.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 15 July 2013. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement between Fullers Mobile Cranes Pty Ltd and the union, covering the period 2012-2015. The application was made to the Fair Work Commission under the Fair Work Act 2009. The union argued that the agreement was in the best interests of the employees, while Fullers Mobile Cranes Pty Ltd opposed the application, contending that the agreement was not in the best interests of its employees or the business.

The central legal issue before the Commission was whether the proposed collective agreement was in the best interests of the employees, considering the requirements of section 235 of the Fair Work Act. The Commission had to balance the rights and interests of the employees as represented by the union against the rights and interests of the employer, Fullers Mobile Cranes Pty Ltd. The Commission examined the provisions of the agreement, including wages, conditions, and other employment terms, to determine if they aligned with the best interests of the employees.

In assessing the agreement, the Commission considered the evidence and submissions from both parties, focusing on the impact of the agreement on the employees and the business. The Commission found that the agreement provided fair and reasonable terms for the employees, taking into account the economic climate, the employer's capacity to pay, and the need for flexibility in the workforce. The Commission concluded that the agreement was in the best interests of the employees and approved the collective agreement.

The Fair Work Commission approved the Fullers Mobile Cranes Pty Ltd / CFMEU Collective Agreement 2012-2015, determining that it was in the best interests of the employees. The Commission's decision was based on the fair and reasonable terms provided in the agreement, considering the interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established