Construction, Forestry, Mining and Energy Union

[2013] FWCA 2507

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/6085)

PREMIER CRANES & RIGGING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY 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 Mobile Crane Hiring Industry 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 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 1 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 case involved an application for approval of the Premier Cranes & Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2011-20-15. The dispute arose within the Fair Work Commission, specifically under section 234 of the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the criteria for approval as a single interest employer agreement, particularly concerning the coverage of employees and the requirements of section 234 of the Act.

The court was required to determine if the agreement genuinely represented the interests of a single employer and its employees, and if it was appropriate for approval without further bargaining. The Commission examined whether the agreement was made in good faith and if it provided for the terms and conditions of employment of the employees of Premier Cranes & Rigging Pty Ltd. The court also considered if the agreement complied with the provisions of the Fair Work Act, especially regarding the coverage of employees and the negotiation process.

The Fair Work Commission found that the agreement did not meet the criteria for a single interest employer agreement as it did not genuinely represent the interests of a single employer and its employees. The agreement included provisions that were not applicable to all employees of the employer, and it failed to meet the requirements of section 234 of the Act. The Commission concluded that the agreement was not made in good faith and did not adequately cover the terms and conditions of employment for all employees of Premier Cranes & Rigging Pty Ltd. Consequently, the application for approval of the agreement was dismissed.

The Commission did not grant approval of the agreement, highlighting the necessity for a genuine single interest employer agreement that accurately reflects the interests of both the employer and its employees and complies with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established