DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4057)

MASSLIFT PTY LTD T/AS MASSLIFT AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 18 SEPTEMBER 2017

Application for approval of the Masslift Pty Ltd T/As Masslift and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Masslift Pty Ltd T/As Masslift and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 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) 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 25 September 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Masslift Pty Ltd, trading as Masslift, and the Construction, Forestry, Mining and Energy Union (CFMEU) jointly applied for approval of the Masslift and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement met the requirements of the Act and the Fair Work Regulations 2009, particularly concerning its content, fairness, and compliance with relevant laws.

The key legal issues that the Commission had to resolve were whether the agreement contained all the mandated terms and conditions, whether it was procedurally fair, and if the agreement's content was in line with the provisions of the Fair Work Act. The Commission also had to consider if the agreement adequately addressed the needs of both parties and if it complied with the overarching principles of the Fair Work Act, including fairness and the protection of employees' rights.

The Commission examined the agreement thoroughly, taking into account submissions from both parties, relevant industry benchmarks, and the general principles of industrial relations law. It found that the agreement satisfied the statutory requirements for approval, as it contained all necessary terms and conditions, was procedurally fair, and did not contravene the Fair Work Act or any related regulations. The Commission also noted that the agreement appropriately balanced the interests of both the employer and the employees, thereby meeting the fairness test under the Act.

Consequently, the Commission approved the Masslift and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, confirming its validity and enforceability under the Fair Work Act. The approval signifies that the agreement can now serve as a legally binding contract between Masslift and the CFMEU for the specified period, governing the employment conditions of workers in the mobile crane hiring industry.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established