DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5882)

BURNS CRANES AUSTRALIA 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 Burns Cranes 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 Burns Cranes 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 6 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Burns Cranes Australia Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred around the terms of the agreement, which sought to regulate the employment conditions of workers in the mobile crane hiring industry. The parties were unable to reach an agreement on the terms and conditions, particularly those relating to pay rates, hours of work, and other employment conditions.

The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was a good faith bargaining outcome and should be approved. In contrast, Burns Cranes Australia Pty Ltd contended that the agreement was not genuinely negotiated and did not meet the requirements for approval.

The court found that the agreement was a genuinely negotiated outcome and met the statutory requirements for approval. The court found that the CFMEU had demonstrated that the agreement was negotiated in good faith and that the terms and conditions of the agreement were fair and reasonable. The court also found that the agreement provided for a fair and efficient workplace and did not undermine the operation of the Fair Work Act.

The court approved the Burns Cranes Australia Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, and it is now a legally binding agreement between the parties. The agreement sets out the terms and conditions of employment for workers in the mobile crane hiring industry, including pay rates, hours of work, and other employment conditions. The approval of the agreement is an important step in ensuring fair and reasonable employment conditions for workers in this 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