DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5954)

MARTIN CICERALE GROUP PTY LTD T/AS MCG CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Martin Cicerale Group Pty Ltd T/As MCG 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 Martin Cicerale Group Pty Ltd T/As MCG 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 13 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Martin Cicerale Group Pty Ltd, trading as MCG Cranes, and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement in question was proposed as a new enterprise agreement under the Fair Work Act 2009, and the Commission was tasked with determining whether it met the necessary requirements for approval.

The primary legal issues before the Commission were whether the agreement was certified as a bargain in good faith, and whether it contained all the mandatory terms and conditions as required by the Fair Work Act. Additionally, the Commission considered whether the agreement complied with the procedural fairness requirements, including whether the bargaining process was conducted appropriately and whether the agreement was made in good faith.

In examining the application, the Commission noted that the agreement had been certified by an independent certifier who had found it to be a bargain in good faith. The Commission reviewed the bargaining process, including the evidence provided by both parties, and found that the agreement had been negotiated in good faith and that the mandatory terms and conditions were included. The Commission also considered the impact of the agreement on the employees and found that it provided for appropriate protections and benefits. Based on these findings, the Commission approved the agreement, confirming its compliance with the relevant statutory requirements.

The final orders of the Commission were that the Martin Cicerale Group Pty Ltd, trading as MCG Cranes, and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement from the specified commencement date.

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