DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7273)

INTERNATIONAL CRANE CREW PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 DECEMBER 2016

Application for approval of the International Crane Crew 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 International Crane Crew 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 9 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 parties involved in the dispute were the International Crane Crew Pty Ltd (the employer) and the Construction, Forestry, Mining and Energy Union (CFME Union), which represents the employees. The crux of the disagreement was whether the Federal Court should approve the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, a collective bargaining agreement proposed by the parties. The case was heard and determined in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues the court had to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to verify if the agreement had been genuinely negotiated, was free from improper influence or coercion, and met the procedural requirements outlined in the Act. Additionally, the court had to consider if the agreement was in the best interests of the employees it covered.

The Commission found that the agreement had been genuinely negotiated between the parties and was not subject to improper influence or coercion. The process followed was compliant with the statutory requirements. Furthermore, the Commission determined that the proposed agreement was in the best interests of the employees. The Commission noted that the agreement provided for fair wages and conditions, and included provisions for dispute resolution and the protection of employee rights. Consequently, the Commission approved the agreement, subject to certain conditions and modifications to address minor procedural deficiencies.

The Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, with modifications to correct minor procedural issues. The agreement will now regulate the terms and conditions of employment for mobile crane operators in the industry for the period 2016-2019.

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