Construction, Forestry, Mining and Energy Union

[2013] FWCA 634

[2013] FWCA 634

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/12977)

TOWN AND COUNTRY CRANE HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2012 - 2015

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 29 JANUARY 2013

Application for approval of the Town and Country Crane Hire Pty Ltd / CFMEU Collective Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Town and Country Crane Hire Pty Ltd / CFMEU Collective Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 35 - Hours of work / Rostered days off, provides for a starting time between 6:00am to 8:00am. The Building and Construction General On-site Award 2010 (the Award) provides for an ordinary span of hours from 7:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in Appendix B of the Agreement are significantly higher, and compensate for the additional increase in the span of ordinary working hours.

Flexibility term

[3] The Commission questioned the operation of clause 41 - Flexibility for the purposes of s202 of the Fair Work Act 2009, and in particular, subclause 34.1 of the Agreement. The Applicant subsequently advised they wished to adopt the model flexibility term. Pursuant to s.202(4) of the Act, the Model Flexibility Term, as found at Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[4] The Agreement covers those employees in the classification structure in Appendix B of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[5] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[6] The Construction, Forestry, Mining and Energy Union, 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 that organisation.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 5 February 2013. The nominal expiry date of the Agreement is 31 May 2015.

COMMISSIONER

Annexure A

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