DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6046)

THOMMO’S CRANE HIRE PTY LTD (“COMPANY”) AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2016

Application for approval of the Thommo’s Crane Hire Pty Ltd (“Company”) 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 Thommo’s Crane Hire Pty Ltd (“Company”) 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 11 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 Fair Work Commission was asked to approve the Thommo’s Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant, the Construction, Forestry, Mining and Energy Union, represented the employees, while the respondent, Thommo’s Crane Hire Pty Ltd, represented the employer. The nature of the dispute was the certification and approval of the enterprise agreement.

The primary legal issues before the court involved whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Act. Additionally, the court needed to consider whether the agreement provided fair and reasonable terms for the employees and whether it was free from any improper influence or coercion.

In its decision, the Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The Commission also assessed whether the terms of the agreement were fair and reasonable, taking into account the economic circumstances of the industry and the interests of the employees. The Commission found that the agreement was made in good faith and that it complied with all procedural requirements. Furthermore, the Commission determined that the agreement provided fair and reasonable terms for the employees and was not influenced by any improper conduct.

As a result of the Commission's findings, the Thommo’s Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was approved. The Commission certified the agreement, making it legally binding on the employer and the employees covered by the agreement.

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