Construction, Forestry, Mining and Energy Union

[2013] FWCA 2506

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6084)

PREMIER CRANES & RIGGING PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 APRIL 2013

Application for approval of the Premier Cranes & Rigging 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 Premier Cranes & Rigging 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.

[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 1 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 case involves an application for the approval of an enterprise agreement between Premier Cranes & Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union. The application was brought before the Fair Work Commission (FWC), which is tasked with approving, rejecting, or varying enterprise agreements to ensure they meet the criteria set out in the Fair Work Act 2009. The dispute centred on whether the proposed agreement complied with the legislative requirements, particularly regarding the fairness of its terms and conditions.

The legal issues before the FWC were whether the enterprise agreement met the 'better off overall test' (BOOT) and whether it contained terms that were 'not contrary to public policy'. The FWT needed to assess whether the agreement provided employees with a net benefit compared to the applicable awards and whether any provisions in the agreement contravened public policy or were otherwise unfair. The union argued that the agreement was fair and beneficial, while Premier Cranes & Rigging Pty Ltd supported the union's position.

The FWC found that the agreement met the BOOT as employees were better off overall in terms of wages and conditions compared to the applicable awards. The FWC also determined that the agreement did not contain any terms contrary to public policy and was fair in its provisions. The FWC approved the agreement, noting the importance of maintaining fair and equitable terms for both employers and employees in the industry. The decision was based on the detailed submissions and evidence provided by both parties, which demonstrated the agreement's compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established