DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5888)

S & N UNIT TRUST (THE TRUSTEE FOR) T/AS S & N CRANES PTY LTD 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 S & N Unit Trust (The Trustee for) T/As S & N Cranes 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 S & N Unit Trust (The Trustee for) T/As S & N Cranes 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 11 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, S & N Unit Trust, sought approval of a proposed enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement related to the hiring of mobile cranes in the industry. The matter was heard by the Fair Work Commission. The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement provided for proper terms and conditions for employees, was free from prohibited content, and was genuinely negotiated. The Commission examined the process of negotiation, the content of the agreement, and whether it adhered to the principles of good faith bargaining.

The Commission concluded that the agreement was appropriately negotiated and contained terms and conditions that were fair and reasonable. It found that the process adhered to the principles of good faith bargaining and that the content of the agreement did not include any prohibited matters. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for employees and did not undermine the rights of employees to be free from discrimination or to have access to a safe working environment. Consequently, the application for approval was granted.

The Fair Work Commission approved the S & N Unit Trust (The Trustee for) T/As S & N Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019. The Commission found that the agreement met all the necessary statutory requirements and provided for fair and reasonable terms and conditions for employees. The decision highlighted the importance of genuine negotiation and adherence to the principles of good faith bargaining in the formation of enterprise agreements.

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