Construction, Forestry, Mining and Energy Union

[2013] FWCA 833

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/4682)

TOOHEY FAMILY TRUST T/AS KOMP 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 Toohey Family Trust T/As Komp 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 Toohey Family Trust T/As Komp 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Toohey Family Trust trading as Komp Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2011-2015. The application was brought in the Fair Work Commission under section 232 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for registration and approval under the Act.

The legal issues before the Court included whether the agreement was a bona fide enterprise agreement, whether it contained the necessary provisions, and whether it complied with procedural requirements. The Court also had to consider whether the agreement was fair and reasonable, and whether it was made in good faith. The Court examined the process by which the agreement was made, including whether the parties had bargaining power and whether there was adequate consultation.

The Court found that the agreement was a bona fide enterprise agreement and contained the necessary provisions. The Court also found that the agreement was made in good faith and complied with procedural requirements. The Court considered the fairness and reasonableness of the agreement and found that it was fair and reasonable. The Court approved the agreement and made orders under section 232 of the Fair Work Act 2009. The agreement was registered and came into effect on the date of the order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established