DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5874)

JFK CRANES PTY LTD T/AS JFK CRANES 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 JFK CRANES PTY LTD T/As JFK 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 JFK CRANES PTY LTD T/As JFK 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 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 Construction, Forestry, Mining and Energy Union (CFME) sought approval of the JFK CRANES PTY LTD T/As JFK CRANES and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 before the Fair Work Commission (FWC). The agreement was for employees in the mobile crane hiring industry, and JFK Cranes was a significant employer in this sector. The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and met all legal criteria, while JFK Cranes contested certain provisions.

The key legal issues the FWC had to resolve included whether the agreement included the correct bargaining representatives, whether it contained the necessary minimum terms and conditions, and whether it was free from any improper influences or coercion. Additionally, the FWC examined whether the agreement complied with the statutory requirements, such as the inclusion of a dispute resolution clause, and whether it provided adequate protections for employees.

In its decision, the FWC found that the agreement was appropriately negotiated by the authorised bargaining representatives. The commission noted that the agreement included all required minimum terms and conditions and was free from any improper influences. The FWC also determined that the agreement contained a valid dispute resolution clause and offered adequate protections for employees. Consequently, the FWC approved the agreement as meeting the statutory requirements.

The final order of the FWC was that the JFK CRANES PTY LTD T/As JFK CRANES and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be approved and registered under the Fair Work Act 2009. This approval ensures that the agreement can be implemented and enforced in accordance with the legal framework provided by 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