DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6322)

IC HIRE PTY LTD T/AS INDEPENDENT CRANES 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 IC Hire Pty Ltd T/As Independent Cranes 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 IC Hire Pty Ltd T/As Independent Cranes 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

The applicant, the Construction, Forestry, Mining and Energy Union (CFME), sought approval of the Industrial Commission Hire Pty Ltd T/As Independent Cranes and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant argued the agreement was appropriate for the mobile crane hiring industry, providing for fair and reasonable terms of employment. The respondent, Industrial Commission Hire Pty Ltd, contended that the agreement was not suitable as it imposed unreasonable burdens on the employer and was not reflective of the realities of the industry. The Fair Work Commission heard the application.

The legal issues the court had to determine were whether the agreement was suitable for the industry, and if the agreement imposed unreasonable burdens on the employer. The court considered the nature of the industry, the bargaining power of the parties, and whether the agreement was fair and reasonable in terms of the rights and obligations of the parties. The court also had to consider if the agreement would have a detrimental effect on the employer’s business.

The court found that the agreement was suitable for the industry and was not unreasonable. The court held that the agreement provided for fair and reasonable terms of employment, and did not impose unreasonable burdens on the employer. The court found that the agreement was reflective of the realities of the industry, and that the employer would not suffer any detrimental effect as a result of the agreement. The court approved the agreement, and the applicant’s application was successful.

The court ordered that the agreement be approved, and that it be registered with the Fair Work Commission. The court also ordered that the agreement would be in effect from 1 July 2016 until 30 June 2019, and that any disputes arising from the agreement would be dealt with in accordance with the Fair Work Act 2009. The court’s decision was final and binding, and could not be appealed.

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