DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6313)

QUINLAN CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Quinlan Cranes 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 Quinlan Cranes 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 21 October 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

In the matter of an application for the approval of the Quinlan Cranes Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the Fair Work Commission was required to determine the merits of the application. The respondent, Quinlan Cranes, contested the application on several grounds, including the absence of a genuine enterprise agreement and the failure of the agreement to meet the requirements of the Fair Work Act 2009. The Commission needed to assess whether the agreement was genuinely an enterprise agreement, whether it was made in accordance with the relevant provisions of the Act, and whether it met the prescribed minimum terms and conditions.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement, made in compliance with the Fair Work Act. The Commission determined that the application met all necessary criteria, including the involvement of genuine bargaining between the parties. The respondent's arguments regarding the absence of genuine agreement and compliance with the Act were dismissed. The Commission held that the agreement provided for fair and reasonable terms and conditions for the employees, and that the application should be approved.

Accordingly, the Fair Work Commission approved the application for the agreement. The decision was made in accordance with the provisions of the Fair Work Act, and the agreement was registered as a certified agreement. The Commission emphasised the importance of genuine bargaining and compliance with the Act in reaching this decision. The final orders included the registration of the agreement, effective from the date of the decision, and the binding of all parties to the terms and conditions set out in the agreement.

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