DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7813)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Premier 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 Premier 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 30 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Premier Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically in terms of its coverage, compliance with the Fair Work Act’s minimum standards, and whether it was made in good faith.

The court had to determine if the agreement covered the correct bargaining unit, if it provided minimum pay rates and conditions in line with the Fair Work Act, and whether it was negotiated in good faith. Key issues included the definition of the bargaining unit, the calculation of minimum pay rates, and the process of negotiation and agreement formation. The CFMEU argued that the agreement was comprehensive and fairly negotiated, while the employer, Premier Cranes & Rigging, contested some of the provisions, particularly those related to overtime and penalty rates.

The Fair Work Commission reviewed the negotiation process and the content of the agreement. It found that the bargaining unit was correctly defined and that the agreement met the minimum standards set out in the Fair Work Act. The Commission also concluded that the agreement was made in good faith, as evidenced by the comprehensive negotiation process and the inclusion of all relevant parties. The court approved the agreement, noting that it provided fair and reasonable terms for both employees and employers within the mobile crane hiring industry.

The final order was the approval of the Premier Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision.

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