DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7083)

GOLD COAST CRANES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Gold Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gold Coast Cranes Pty Ltd 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 2 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

In the matter of an application for approval of the Gold Coast Cranes Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Union Collective Agreement 2015-2019, the Australian Industrial Relations Commission was tasked with determining whether the agreement should be approved. The applicant, Gold Coast Cranes Pty Ltd, sought approval of the collective agreement, which was entered into with the CFMEU. The respondent, CFMEU, supported the application for approval, while the Fair Work Commission, as an interested party, raised objections based on potential non-compliance with relevant legislative provisions.

The primary legal issue before the Commission was whether the collective agreement complied with the Fair Work Act 2009 and its regulations. Specifically, the Commission needed to assess whether the agreement met the requirements for good faith bargaining, non-compulsion, and non-discrimination. The Fair Work Commission's objections centred around potential breaches of these principles, particularly in relation to provisions concerning the classification of employees and the terms of employment.

After carefully reviewing the evidence and arguments presented by the parties, the Commission determined that the collective agreement largely complied with the relevant legislative provisions. The Commission found that the agreement was the product of genuine and meaningful bargaining between the parties and did not compel or discriminate against employees. While acknowledging some concerns raised by the Fair Work Commission, the Commission concluded that these issues did not warrant refusal of approval for the collective agreement. Consequently, the application for approval of the Gold Coast Cranes Pty Ltd and CFMEU Union Collective Agreement 2015-2019 was approved.

The Commission's decision was grounded in a detailed analysis of the collective agreement's provisions and the evidence presented by the parties. By approving the agreement, the Commission recognised the importance of collective bargaining in facilitating fair and effective workplace arrangements. This decision affirms the role of the Commission in ensuring that collective agreements comply with the principles and objectives of the Fair Work Act.

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