DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/203)

PARAMOUNT CRANES TRUST (THE TRUSTEE FOR) T/AS PARAMOUNT CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Paramount Cranes Trust (The Trustee for) T/As Paramount Cranes and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Paramount Cranes Trust (The Trustee for) T/As Paramount Cranes 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 the 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 1 February 2017 and, in accordance with s.54, will operate from 8 February 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 case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and the Paramount Cranes Trust, trading as Paramount Cranes. The dispute pertained to the approval of the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission of Australia. The CFMEU sought approval of the agreement under the Fair Work Act 2009, while Paramount Cranes argued that the agreement should not be approved due to various procedural and substantive issues.

The primary legal issues the court needed to address included whether the agreement had been fairly negotiated, whether the agreement met the requirements for being a single, indivisible, and complete agreement, and whether the agreement would have an adverse effect on the business of Paramount Cranes. The court also needed to determine if the agreement complied with the provisions of the Fair Work Act concerning the minimum standards and the process for approving enterprise agreements.

The court examined the negotiation process and found that it had been conducted in good faith and that the agreement was indeed a single, indivisible, and complete agreement. The court also concluded that the agreement would not have an adverse effect on Paramount Cranes' business. Furthermore, the court found that the agreement met all the necessary criteria under the Fair Work Act and did not contravene any of the provisions concerning minimum standards. As a result, the court approved the agreement.

The Fair Work Commission approved the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019, finding it to be a genuinely negotiated, single, indivisible, and complete agreement that met all legal requirements and would not adversely affect the business of Paramount Cranes.

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