DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6315)

REED LOGISTICS T/AS REED LOGISTICS 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 Reed Logistics T/As Reed Logistics 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 Reed Logistics T/As Reed Logistics 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Reed Logistics T/As Reed Logistics Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. Reed Logistics is a company involved in the mobile crane hiring industry. The CFMEU is a trade union representing workers in various industries, including the mobile crane hiring industry. The Fair Work Commission (FWC) was tasked with determining whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the enterprise agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the court needed to consider whether the agreement was made in accordance with the relevant bargaining and agreement processes. Substantively, the court had to assess whether the agreement met the "better off overall test" and whether it contained any provisions that were contrary to public policy or against the spirit of the Act.

The FWC determined that the enterprise agreement was procedurally valid as it was made through genuine bargaining between the parties and met the requirements of the Fair Work Act. In terms of the substantive requirements, the FWC found that the agreement was not contrary to public policy and contained no provisions that were against the spirit of the Act. The FWC further found that the agreement met the better off overall test, as it provided for improved wages and conditions for the employees covered by the agreement, and did not place an undue burden on the employer. Consequently, the FWC approved the enterprise agreement.

The FWC approved the Reed Logistics T/As Reed Logistics Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, finding that it met the procedural and substantive requirements for approval under the Fair Work Act. The agreement was deemed to be better off overall for the employees covered by it, and did not contain any provisions that were contrary to public policy or against the spirit of the 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