DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7471)

METROPOLITAN CARRIERS PTY LTD T/A METRO-LIFT CRANES AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

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

Application for approval of the Metropolitan Carriers Pty Ltd T/A Metro-Lift Cranes and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Metropolitan Carriers Pty Ltd T/A Metro-Lift Cranes and CFMEU Union Collective Agreement 2015-2019 (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 22 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Metro-Lift Cranes and CFMEU Union Collective Agreement 2015-2019. The applicant sought the approval under section 237 of the Fair Work Act 2009 (Cth). The application was brought before the Fair Work Commission (FWC), with the respondent, Metropolitan Carriers Pty Ltd (Metro-Lift), opposing the approval. The crux of the dispute revolved around the terms of the agreement, particularly concerning the classification of workers and the conditions of employment, which Metro-Lift claimed were overly restrictive and potentially detrimental to its business operations.

The legal issues before the FWC were whether the collective agreement met the statutory criteria for approval, particularly under sections 235 and 236 of the Fair Work Act, which require that the agreement does not have an adverse effect on employees' wages and conditions and is appropriate for the bargaining context. The CFMEU argued that the agreement was fair and balanced, providing essential protections and benefits to workers, while Metro-Lift contended that the agreement's terms would impose significant operational constraints and financial burdens.

The FWC, after thorough examination of the agreement and the submissions from both parties, concluded that the collective agreement did not meet the criteria for approval. The FWC found that certain provisions of the agreement were overly prescriptive and would have an adverse effect on Metro-Lift's business. The decision highlighted specific clauses that imposed excessive restrictions on operational flexibility and financial viability. Consequently, the FWC determined that the agreement was not appropriate for the bargaining context and denied the application for approval.

The FWC's decision was based on a careful analysis of the collective agreement's provisions and their potential impact on the employer's operations. The determination underscored the importance of balancing the rights and interests of both employers and employees while ensuring that the agreement does not unduly constrain legitimate business operations. The FWC's final order was that the application for approval of the Metro-Lift Cranes and CFMEU Union Collective Agreement 2015-2019 was rejected.

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