[2017] FWCA 2970

The attached document replaces the document previously issued with the above code on 30 May 2017.

To amend a typographical error in Paragraph 2 and 4

Letitia Balderston

Member Support

Dated 31 May 2017

[2017] FWCA 2970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1775)

BASSMID CAPITAL HOLDINGS PTY LTD T/AS PROJECT CRANES AND RIGGING AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MAY 2017

Application for approval of the Bassmid Capital Holdings Pty Ltd T/As Project Cranes and Rigging 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 Bassmid Capital Holdings Pty Ltd T/As Project Cranes and Rigging 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 30 May 2017 and, in accordance with s.54, will operate from 6 June 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 matter before the Fair Work Commission involved an application for approval of the Bassmid Capital Holdings Pty Ltd T/As Project Cranes and Rigging and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019. The primary focus was on the conditions of employment, remuneration, and other terms and conditions as stipulated in the agreement between the employer and the union representing the employees. The dispute centred on whether the agreement met the legal standards for fairness and compliance with the relevant industrial legislation.

The key legal issues that the Commission had to address were whether the terms and conditions of the enterprise agreement were fair and reasonable, whether they complied with the requirements of the Fair Work Act 2009, and whether they were appropriately negotiated and representative of the employees' interests. Additionally, the Commission had to consider whether the agreement adequately addressed the needs of both the employer and the employees, ensuring that it was not unduly harsh, unjust, or unreasonable.

In deliberating on these issues, the Commission examined the negotiation process, the fairness of the terms, and the overall balance between the parties' interests. The Commission found that the agreement was negotiated in good faith and covered essential aspects of employment, including wages, working hours, and dispute resolution mechanisms. It concluded that the agreement was fair and reasonable, meeting all legal requirements and adequately representing the interests of the employees. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were to approve the Bassmid Capital Holdings Pty Ltd T/As Project Cranes and Rigging and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019, effective from the date of the decision, thereby legally binding both parties to its terms.

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