DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5892)

GRAVITY RIGGING & MACHINERY 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 Gravity Rigging & Machinery 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 Gravity Rigging & Machinery 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 parties involved in this case were Gravity Rigging & Machinery Pty Ltd, a crane hiring company, and the Construction, Forestry, Mining and Energy Union (CFMEU), a trade union representing workers in the mobile crane hiring industry. The dispute centred around the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, which set out the terms and conditions of employment for workers in the industry. The case was heard by the Fair Work Commission (FWC), Australia's national workplace relations tribunal.

The primary legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The FWC needed to determine whether the agreement was "better off overall" for the employees, taking into account the impact on wages, conditions, and job security. The CFMEU argued that the agreement was fair and balanced, while Gravity Rigging & Machinery Pty Ltd contended that certain provisions would impose an unreasonable financial burden on the company and potentially lead to job losses.

After reviewing the evidence and arguments presented by both parties, the FWC found that the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was in the best interests of the employees. The FWC considered the overall impact of the agreement on wages, conditions, and job security, and determined that it was "better off overall" for the employees. The FWC also found that the agreement did not impose an unreasonable financial burden on the company and would not lead to job losses.

The FWC approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, and it became legally binding on both parties. The agreement sets out the terms and conditions of employment for workers in the mobile crane hiring industry for the period of 2016-2019.

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