DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6032)

STATEWIDE CRANES AUSTRALIA 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 STATEWIDE 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 STATEWIDE 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 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 matter under consideration involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Statewide Cranes Australia Pty Ltd. The dispute centred on the application for the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission, an Australian tribunal responsible for resolving disputes concerning workplace relations and employment conditions.

The primary legal issue before the Commission was whether the enterprise agreement, as proposed, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the minimum standards for enterprise bargaining, including provisions on wages, conditions, and dispute resolution mechanisms. The CFMEU argued that the agreement adequately represented the interests of the employees, while Statewide Cranes Australia contended that certain provisions of the agreement were not in line with the legislative requirements.

In its decision, the Commission found that the agreement substantially complied with the statutory requirements. The Commission noted that while some provisions required minor amendments to ensure compliance, the overall intent and content of the agreement were in line with the objectives of the Fair Work Act. The Commission emphasised that the agreement provided for fair and reasonable terms and conditions for the employees, and that the dispute resolution mechanisms were effective. Consequently, the Commission approved the agreement, subject to the specified amendments.

The Fair Work Commission's final order was the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, with the condition that certain provisions be revised to meet the requirements of the Fair Work Act. The Commission also directed the parties to make these amendments within a specified timeframe. This decision ensures that the enterprise agreement will be effective in governing the employment conditions for mobile crane operators within the industry.

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