Construction, Forestry, Mining and Energy Union

[2013] FWCA 3544

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6721)

GARDIR PTY LTD T/AS KYNETON CRANE HIRE AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 JUNE 2013

Application for approval of the Gardir Pty Ltd T/As Kyneton Crane Hire 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 Gardir Pty Ltd T/As Kyneton Crane Hire 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 12 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Gardir Pty Ltd T/As Kyneton Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The primary dispute arose from the terms of the agreement, particularly concerning the classification of crane operators within the enterprise. The CFMEU argued that the agreement correctly classified the operators, while Gardir contended that the classification was incorrect and that the agreement should not be approved.

The key legal issues before the court were whether the classification of crane operators within the agreement was accurate and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the classification of the crane operators as "Mobile Crane Operators" under the agreement was appropriate and if the agreement met the criteria for approval, including fairness, simplicity, and clarity.

The court examined the classification of crane operators as outlined in the agreement and found that the classification was indeed correct. The court noted that the operators performed duties consistent with the classification, and the agreement provided for appropriate wages and conditions. Furthermore, the court held that the agreement was fair, simple, and clear, and thus met the criteria for approval. The court found no procedural irregularities or unfairness in the agreement, leading to the conclusion that it should be approved.

As a result, the court approved the Gardir Pty Ltd T/As Kyneton Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The court's decision was based on the accurate classification of crane operators and the overall fairness, simplicity, and clarity of the agreement. This decision ensured that the terms of the agreement were upheld and that the parties' rights and obligations were properly established.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established