Construction, Forestry, Mining and Energy Union

[2013] FWCA 824

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4663)

MAMMOET WIND 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 Mammoet Wind 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 Mammoet Wind 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

The Fair Work Commission (FWC) was presented with an application for approval of the Mammoet Wind Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The dispute arose between the CFMEU, representing the employees, and Mammoet Wind Pty Ltd, the employer. The primary concern was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement contained all the mandated terms as required by section 233 of the Fair Work Act, including provisions that ensure employees are not worse off. The CFMEU argued that certain terms of the agreement unfairly disadvantaged employees, particularly in relation to the classification of workers and their entitlements. Conversely, Mammoet Wind Pty Ltd contended that the agreement was fair and reasonable and adhered to the legislative requirements.

After reviewing the submissions from both parties and considering the evidence presented, the FWC found that the agreement did not include all the mandated terms as required by section 233 of the Act. Specifically, the agreement failed to address the classification of workers and their entitlements adequately, which resulted in employees being potentially worse off. Therefore, the FWC did not grant approval to the agreement.

As a result of this decision, the agreement remains unapproved, and the FWC's decision stands unless appealed by either party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established