DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5921)

MAJOR CRANE LOGISTICS 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 Major Crane Logistics 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 Major Crane Logistics 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 applicants, Major Crane Logistics Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission, which is the body responsible for the administration and enforcement of Australia’s workplace laws. The primary issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a better overall package of wages and conditions compared to the applicable minimum standards. Additionally, the Commission had to ensure that the agreement was made in good faith and did not include any provisions that were contrary to public policy or unjust. The applicants had to demonstrate that the agreement fairly reflected the bargaining positions of both parties and provided for a fair and reasonable outcome for employees.

In reaching its decision, the Commission considered the submissions from both parties, the evidence presented, and the relevant legal framework. The Commission found that the agreement was a BOOT agreement and was made in good faith. The Commission also noted that the agreement did not contain any provisions that were contrary to public policy or unjust. The Commission approved the agreement, finding that it provided for a fair and reasonable outcome for employees and fairly reflected the bargaining positions of both parties.

The Commission made orders approving the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. The orders also provided for the agreement to be registered with the Fair Work Commission and published on its website. The applicants were directed to take all necessary steps to give effect to the approved 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