Construction, Forestry, Mining and Energy Union

[2013] FWCA 1110

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4985)

MAJOR CRANE LOGISTICS PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 FEBRUARY 2013

Application for approval of the Major Crane Logistics 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 Major Crane Logistics 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 25 February 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 Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the Major Crane Logistics Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission, specifically the Full Bench, which comprises of a President and two Commissioners. The dispute centred around the provisions of the agreement, specifically whether they complied with the Fair Work Act 2009.

The legal issues before the court included whether the agreement met the criteria for being a "single interest" enterprise agreement, whether it complied with the provisions of the Fair Work Act, and if it had been genuinely bargained. Additionally, the court needed to determine if the agreement contained any terms that would be unfair to the employees or the employer. The CFMEU argued that the agreement was a genuine and fair enterprise agreement, while Major Crane Logistics Pty Ltd contended that certain provisions were unfair and not genuinely bargained.

In delivering its decision, the Full Bench of the Fair Work Commission found that the agreement was a single interest enterprise agreement and had been genuinely bargained. The court concluded that the agreement complied with the Fair Work Act and did not contain any unfair terms. The court considered the process of negotiation, the substance of the agreement, and the context in which it was made. The Full Bench also noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it would not have an adverse effect on the employees or the employer.

The Fair Work Commission approved the Major Crane Logistics Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The court's decision was based on the evidence presented and the arguments made by both parties. The agreement was found to be a genuine and fair enterprise agreement that complied with the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees in the mobile crane hiring industry are fair and reasonable, and that the agreement will remain in effect until it is replaced or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established