DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6005)

BROLIC CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 OCTOBER 2016

Application for approval of the BROLIC 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 BROLIC 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 10 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Brolic Cranes Pty Ltd were involved in an application for approval of the Brolic Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 before the Fair Work Commission. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues for the court to decide were whether the agreement provided for fair and reasonable terms, including wages and conditions, and if it complied with the provisions of the Fair Work Act. Specifically, the court had to assess the fairness and reasonableness of the terms regarding wages, leave entitlements, and other employment conditions stipulated in the agreement.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic and employment circumstances relevant to the mobile crane hiring industry. The Commission noted that the agreement included provisions for wages and conditions that were considered fair and reasonable, and it complied with the requirements of the Fair Work Act. Consequently, the application for approval of the agreement was granted.

As a result of the court's decision, the Brolic Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 was approved, effective from the date of the decision. This agreement now serves as the basis for the employment terms and conditions between Brolic Cranes Pty Ltd and its employees covered by the 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