DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7681)

BOOM LOGISTICS (VIC) PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Boom Logistics (Vic) 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 Boom Logistics (Vic) 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 28 December 2016. 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 Fair Work Commission received an application for approval of the Boom Logistics (Vic) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was made by the Construction, Forestry, Mining and Energy Union (CFMEU) on behalf of its members employed by Boom Logistics (Vic) Pty Ltd. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to resolve included whether the agreement was a "single-employer" agreement, whether it met the "better off overall test" (BOOT), and whether it complied with the "no-disadvantage test" (NDT). The Commission also had to consider whether the agreement contained appropriate provisions for the protection of employees' rights and entitlements.

In its decision, the Commission noted that the agreement was a single-employer agreement and met the BOOT, as it provided employees with pay and conditions that were no worse than those set out in the relevant award. The Commission found that the agreement also complied with the NDT, as it did not disadvantage employees who were not party to the agreement. The Commission was satisfied that the agreement contained appropriate provisions for the protection of employees' rights and entitlements, including provisions for dispute resolution, redundancy, and termination of employment. The Commission approved the agreement, finding that it met the legal requirements for approval under the Fair Work Act 2009.

The Commission's final orders included the approval of the agreement, which will now apply to employees of Boom Logistics (Vic) Pty Ltd covered by the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Fair Work Commission's website. The decision provides clarity for employers and employees in the mobile crane hiring industry and sets a precedent for future enterprise agreements in the industry.

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