Construction, Forestry, Mining and Energy Union

[2013] FWCA 838

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4710)

BROLIC CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 6 FEBRUARY 2013

Application for approval of the Brolic Cranes 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 Brolic Cranes 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 13 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

In this matter, Brolic Cranes Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Brolic Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The application was heard by the Fair Work Commission. The primary issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and efficient workplace, including provisions for wages, hours of work, and other conditions of employment.

The court examined the agreement in detail, considering the bargaining power of the parties, the nature of the industry, and the broader economic context. It was necessary to assess if the agreement contained provisions that were consistent with the principles of the Fair Work Act, including the protection of employees' rights and the avoidance of unfair discrimination. The court also evaluated whether the agreement provided for a reasonable balance between the interests of employers and employees, taking into account the need for flexibility and efficiency in the mobile crane hiring industry.

The Fair Work Commission concluded that the agreement was fair and efficient, meeting all the statutory criteria for approval. The court found that the agreement provided for appropriate wage rates, reasonable working hours, and adequate conditions of employment. It also noted that the agreement included provisions for dispute resolution and training, which were essential for maintaining a skilled workforce in the industry. Consequently, the court approved the agreement, recognising its contribution to a fair and efficient workplace in the mobile crane hiring industry. The court's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the principles of 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