DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7287)

CRANE RESOURCES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Crane Resources Pty Ltd / CFMEU Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Crane Resources Pty Ltd / CFMEU Collective 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of a collective agreement between Crane Resources Pty Ltd and the Construction, Forestry, Mining and Energy Union. The case was heard in the Fair Work Commission. The primary dispute centred on the procedural fairness of the application process and whether the agreement adequately met the legal requirements for approval.

The central legal issues addressed by the Commission included whether the application was properly filed and if the agreement complied with the provisions of the Fair Work Act 2009. It was essential to determine whether the union had adequately represented its members' interests and if the agreement was fair and reasonable in all its terms. Additionally, the Commission had to consider whether the process followed in reaching the agreement was transparent and just.

In its decision, the Commission thoroughly examined the procedural fairness of the application process, noting that the union had provided comprehensive submissions and evidence demonstrating its engagement with its members. The Commission found that the application was appropriately filed and that the agreement complied with the legal requirements under the Fair Work Act. It was satisfied that the union had adequately represented its members and that the terms of the agreement were fair and reasonable. The Commission approved the collective agreement, highlighting the importance of ensuring that all parties had a genuine opportunity to participate in the negotiation process.

The Fair Work Commission approved the Crane Resources Pty Ltd / CFMEU Collective Agreement 2016 - 2019, confirming that the agreement met all necessary legal standards. The Commission found that the application process was procedurally fair and that the agreement was fair and reasonable. The decision underscored the importance of ensuring transparency and fairness in the negotiation and approval of collective agreements.

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