Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 2691

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6197)

MELBOURNE HOIST RENTALS PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 3 MAY 2013

Application for approval of the Melbourne Hoist Rentals Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Hoist Rentals Pty Ltd and the CFMEU Rigger / Steel Erector 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 type.

[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 10 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the Melbourne Hoist Rentals Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 with the Fair Work Commission (FWC). The company, Melbourne Hoist Rentals Pty Ltd, opposed the approval, raising concerns about the agreement's terms and their impact on the business. The dispute was heard and determined by the FWC, which needed to decide whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the terms of the proposed enterprise agreement complied with the statutory requirements for approval. The FWC considered whether the agreement contained all the mandatory terms specified in the Fair Work Act and whether it met the "better off overall test." This test requires that, on balance, the employees are no worse off and at least some are better off under the proposed agreement compared to their current conditions. The FWC also assessed whether the agreement had been genuinely negotiated between the parties and whether the process of negotiation complied with the relevant provisions of the Act.

After reviewing the evidence and arguments presented by both parties, the FWC determined that the Melbourne Hoist Rentals Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 met the criteria for approval. The FWC found that the agreement contained all the mandatory terms, satisfied the better off overall test, and had been genuinely negotiated between the parties. Consequently, the FWC approved the agreement, and it came into effect as a registered enterprise agreement.

The FWC's decision was based on the comprehensive evidence provided by both parties, which demonstrated that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The FWC emphasised the importance of enterprise agreements in providing a flexible and efficient means of resolving workplace issues and ensuring that employees and employers can reach agreements that reflect their specific circumstances. By approving the agreement, the FWC facilitated a positive and productive working relationship between Melbourne Hoist Rentals Pty Ltd and the CFMEU, ultimately benefiting both parties and their employees.

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