DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3315)

EASTERN CRANES & RIGGING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 AUGUST 2017

Application for approval of the Eastern Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of the Eastern Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant argued that the agreement was a low-paid industry agreement, meeting the criteria of section 233 of the Fair Work Act 2009. The FWC was required to decide whether the agreement was indeed a low-paid industry agreement and whether it met the necessary standards under the Fair Work Act.

The FWC considered the definition of a low-paid industry agreement, which is one where the median hourly rate of pay of employees covered by the agreement is less than the median hourly rate of pay of all employees in Australia. The FWC also examined whether the agreement met the standards set out in section 233 of the Fair Work Act. These standards include provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. The FWC found that the agreement was indeed a low-paid industry agreement, as the median hourly rate of pay of employees covered by the agreement was less than the median hourly rate of pay of all employees in Australia. The FWC also found that the agreement met the necessary standards under the Fair Work Act, including provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment.

The FWC approved the Eastern Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 as a low-paid industry agreement. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the industry and the employees covered by the agreement. The FWC also noted that the agreement provided for adequate protections for employees, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. The FWC approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement to ensure that employees were paid the applicable minimum wage rates and penalty rates, and that they were provided with appropriate leave entitlements.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established