Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3979

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/7012)

BIG HILL CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JUNE 2013

Application for approval of the Big Hill Cranes 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 Big Hill Cranes 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 28 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Big Hill Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The application was lodged with the Fair Work Commission, which was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement complied with the requirements for enterprise agreements, specifically addressing the provisions related to the classification of employees, the terms and conditions of employment, and the processes for resolving disputes.

The Fair Work Commission undertook a detailed examination of the agreement to ensure it met the legislative standards. The commission focused on the provisions concerning the classification of employees, the terms and conditions of employment, and the dispute resolution mechanisms. The CFMEU argued that the agreement was fair and balanced, addressing the needs of both employers and employees. The commission found that the agreement largely complied with the statutory criteria, although it made minor adjustments to certain provisions to ensure full compliance. The commission ultimately approved the agreement, subject to these minor modifications.

Following the commission's determination, the Fair Work Act 2009 mandated that the approved agreement be registered and have legal effect. The final orders included the registration of the agreement with the modifications made by the commission, ensuring that it met all necessary legal standards. The decision reinforced the importance of enterprise agreements in providing fair and balanced outcomes for both employers and employees within the mobile crane hiring industry.

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