Construction, Forestry, Mining and Energy Union

[2013] FWCA 2702

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6199)

STATEWIDE CRANE TRUCKS PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of Statewide Crane Trucks 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 Statewide Crane Trucks 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 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 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Statewide Crane Trucks Pty Ltd, sought approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. This agreement sought to regulate the terms and conditions of employment for mobile crane operators within the industry. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009, which governs the registration of enterprise agreements in Australia. The respondents included the Construction, Forestry, Mining and Energy Union (CFMEU) and various other unions representing workers in the mobile crane hiring industry.

The legal issues before the FWC involved whether the agreement was sufficiently "simplified" as required by the Fair Work Act. The applicants argued that the agreement, while complex, was necessary to cover the diverse conditions and practices within the industry. The CFMEU contended that the agreement did not meet the statutory requirement for simplicity, which is essential for transparency and understanding by employees. The court needed to determine whether the agreement's complexity was justified under the circumstances and whether it complied with the statutory obligations.

The FWC held that the agreement was indeed overly complex and did not meet the statutory requirement for simplicity. The commission found that while the agreement attempted to cover a wide range of conditions and practices, its complexity made it difficult for employees to understand their rights and obligations. The FWC also noted that the agreement contained provisions that were not directly related to the employment conditions of mobile crane operators, which further contributed to its complexity. As a result, the FWC rejected the application for approval of the agreement. The decision was based on the statutory requirement for simplicity in enterprise agreements and the need for transparency in employment conditions.

The FWC's decision concluded that the agreement did not comply with the statutory requirements and was therefore not approved. The applicants were directed to revise the agreement to address the issues of complexity and ensure it met the legislative standards. The CFMEU and other unions were given an opportunity to comment on the revised agreement, which would then be subject to further review by the FWC. This outcome emphasised the importance of adhering to statutory requirements in the drafting and approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established