DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2528)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2017

Application for approval of the C & C Cranes 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 C & C Cranes 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 18 July 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

In the recent case of the Construction, Forestry, Mining and Energy Union, the Fair Work Commission was called upon to approve the C & C Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The union sought approval for the agreement, which outlines the terms and conditions of employment for workers in the mobile crane hiring industry across Australia. The dispute centred around the negotiation process and the content of the agreement, with the union asserting that the agreement was the product of a genuine negotiation process and fairly represented the interests of the employees.

The legal issues before the court included whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, and whether it met the criteria for approval as set out in the legislation. Specifically, the court needed to determine if the agreement was made by representatives of employers and employees, if it contained the essential terms of employment, and if it was in the best interests of the employees it sought to cover. The court also considered whether the agreement provided adequate protection for employees and if it was consistent with the broader objectives of the Fair Work Act.

After reviewing the evidence presented by both parties, the Fair Work Commission found that the agreement was indeed the product of a genuine negotiation process. The court was satisfied that the representatives of the employers and employees had genuinely negotiated the terms of the agreement, and that it contained the essential terms of employment. The court also found that the agreement met the criteria for approval under the Fair Work Act, providing adequate protection for employees and being in their best interests. Based on these findings, the court approved the agreement, recognising its benefits for both employers and employees in the mobile crane hiring industry.

The final orders of the court included the approval of the C & C Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. The court recognised the importance of the agreement in providing fair and reasonable terms of employment for workers in the mobile crane hiring industry and acknowledged the efforts of both parties in reaching a mutually beneficial outcome. This decision serves as a valuable precedent for future negotiations and agreements in the industry, highlighting the importance of genuine negotiation and the role of the Fair Work Commission in approving enterprise agreements.

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