Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3865

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6966)

CRANE LIFT AUSTRALIA PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 JUNE 2013

Application for approval of the Crane Lift Australia 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 Crane Lift Australia 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 25 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 matter involved an application for approval of the Crane Lift Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The dispute was heard by the Fair Work Commission. The primary legal issues revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained provisions that were not in the best interests of the employees and whether it was made in good faith and without coercion.

In examining the agreement, the Fair Work Commission considered the provisions related to wages, working conditions, and other employment terms. The Commission assessed whether these provisions were fair and reasonable, taking into account the interests of both the employees and the employer. The court found that the agreement, while generally fair, contained some provisions that did not align with the best interests of the employees. However, the overall balance of the agreement was deemed to be in favour of the employees, and the court concluded that the agreement was made in good faith and without coercion.

Following its analysis, the Fair Work Commission approved the enterprise agreement, subject to certain modifications to address the identified issues. These modifications were intended to ensure that the agreement better reflected the best interests of the employees. The court's decision was based on the overall fairness of the agreement and its compliance with the relevant statutory requirements. The final orders included the approval of the enterprise agreement with specified amendments to be made within a specified timeframe.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established