DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5873)

STILCON HIRE PTY LTD T/AS CRANE & ACCESS HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Stilcon Hire Pty Ltd T/As Crane & Access Hire 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 Stilcon Hire Pty Ltd T/As Crane & Access Hire 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 6 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter under consideration in the Fair Work Commission was an application for the approval of the Stilcon Hire Pty Ltd T/As Crane & Access Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The union and the employer had reached an agreement, and the union sought the commission's approval under the Fair Work Act 2009. The legal issues the court had to determine included whether the agreement met the requirements for approval under the act and whether it was in the best interests of the employees.

The commission examined the agreement in detail, considering its compliance with the Fair Work Act and its alignment with the principles of the industrial relations system. The court assessed the agreement's provisions concerning wages, working conditions, and dispute resolution mechanisms. It was also essential to determine whether the agreement would promote harmonious, productive, and cooperative workplace relations. The commission concluded that the agreement was fair and reasonable and met the criteria for approval. It was determined to be in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

The commission approved the agreement, stating that it was fair and reasonable and would promote harmonious, productive, and cooperative workplace relations. The union and the employer could now implement the terms of the agreement, which would provide for the fair and reasonable terms and conditions of employment for the employees. The court's decision was a significant step forward in ensuring that the employees had a fair and reasonable enterprise agreement that met the requirements of the Fair Work Act and promoted harmonious, productive, and cooperative workplace relations.

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