DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6009)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Access Cranes Australia 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 Access Cranes Australia 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 12 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 matter involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Access Cranes Australia Pty Ltd. The dispute centred around the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The case was heard by the Fair Work Commission.

The central legal issues addressed by the court were whether the agreement met the criteria for registration under the Fair Work Act 2009 and if it complied with the requirements for good faith bargaining. Specifically, the court needed to determine whether the agreement was made in good faith, if it was free from any improper influences, and if it provided adequate protections for employees. The court also needed to examine if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement did meet the necessary criteria for approval. The court examined the process of bargaining and concluded that the agreement was the result of good faith negotiations. The agreement was deemed to be free from any improper influences and provided adequate protections for employees. The terms and conditions of employment were found to be fair and reasonable, taking into account the specific industry context. As a result, the court approved the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

The Fair Work Commission ordered the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 between Access Cranes Australia Pty Ltd and the CFMEU. The agreement was to be registered and would have legal effect from the date of the decision.

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