DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6034)

CRANE LIFT 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 CRANE LIFT 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 CRANE LIFT 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 case involved an application for approval of the CRANE LIFT AUSTRALIA PTY LTD and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission, Australia's national workplace relations tribunal. The dispute centred on whether the enterprise agreement should be approved, with specific contentions regarding the agreement's compliance with statutory provisions, particularly those concerning employee entitlements and procedural fairness.

The court was required to determine whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining the agreement's coverage, the process by which it was made, and whether it provided for the proper operation of the enterprise. Key issues included whether the agreement adequately addressed procedural fairness in its negotiation process, and whether it provided fair and reasonable terms for employees.

In its decision, the Commission assessed the evidence provided by both parties and found that the agreement generally met the criteria for approval. It noted that while there were procedural concerns, these were not so significant as to invalidate the agreement. The Commission highlighted that the agreement provided for fair and reasonable terms for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also acknowledged that the process, while not perfect, did not deviate significantly from the requirements set out in the Fair Work Act.

The final orders of the Commission were to approve the enterprise agreement, subject to certain modifications aimed at addressing the identified procedural concerns. This decision provided a resolution to the dispute, ensuring that the agreement would be recognised and enforceable in the specified 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