DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/980)

HI-REACH RENTALS GOLD COAST PTY LTD T/A HI-REACH AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the Hi-Reach Rentals Gold Coast Pty Ltd T/A Hi-Reach and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the Hi-Reach Rentals Gold Coast Pty Ltd T/A Hi-Reach and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Hi-Reach Rentals Gold Coast Pty Ltd T/A Hi-Reach. The applicants sought approval for a collective agreement between the parties, which was to govern the employment conditions for the period 2015 to 2019. The case centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission primarily revolved around whether the proposed agreement complied with the provisions of the Fair Work Act. Specific concerns included the agreement's provisions on minimum rates of pay, hours of work, and penalties for non-compliance. The Commission also needed to assess whether the agreement provided adequate protections for employees and whether it allowed for fair negotiation between the parties.

In delivering its decision, the Commission carefully examined the proposed agreement against the statutory criteria outlined in the Fair Work Act. It found that the agreement met the requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, including adequate provisions for minimum rates of pay and hours of work. Furthermore, the agreement contained sufficient mechanisms for resolving disputes and ensuring compliance, which satisfied the statutory criteria. As a result, the Commission approved the collective agreement.

In light of its findings, the Commission approved the Hi-Reach Rentals Gold Coast Pty Ltd T/A Hi-Reach and CFMEU Union Collective Agreement 2015 - 2019. The decision ensures that the terms of the agreement will govern the employment conditions between the parties for the specified period, subject to the statutory requirements and protections provided by the Fair Work Act.

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