DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5887)

DOUGRO PTY LTD T/AS GEELONG CRANE HIRE 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 DOUGRO PTY LTD T/As GEELONG CRANE HIRE 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 DOUGRO PTY LTD T/As GEELONG CRANE HIRE 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

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Dougro Pty Ltd trading as Geelong Crane Hire. The dispute centred around the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, which was intended to govern the employment conditions of workers in the mobile crane hiring industry. The matter was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal. The primary issue for the court was to determine whether the agreement met the requirements set out in the Fair Work Act 2009, specifically whether it was in the interests of 'small business' and whether it was made in 'good faith' and 'free from coercion'. The court had to scrutinise the agreement's provisions, ensuring that they balanced the rights and obligations of employers and employees while not placing undue hardship on small businesses.

The court examined the agreement's provisions, including those relating to wages, hours of work, and other conditions of employment. It considered whether the agreement was likely to encourage the growth of small businesses and whether it provided for flexibility in the hiring of mobile crane operators. The court also assessed whether the agreement was made without any form of coercion and if it was genuinely negotiated between the parties. The CFMEU argued that the agreement was beneficial for workers and necessary to maintain industry standards, while Dougro Pty Ltd contended that certain provisions could impose an unreasonable burden on small businesses. The court weighed these arguments and considered the overall impact of the agreement on the mobile crane hiring industry.

In its decision, the court concluded that the agreement was in the interests of small business and was made in good faith and free from coercion. It found that the agreement contained provisions that were fair and reasonable, taking into account the needs of both employers and employees. The court was satisfied that the agreement would not place an undue burden on small businesses and that it would facilitate the growth and development of the mobile crane hiring industry. The agreement was thus approved, allowing it to be registered and enforceable under the Fair Work Act.

The final orders of the court were that the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be approved and registered. This decision provided clarity and certainty for employers and employees in the mobile crane hiring industry, ensuring that they would be governed by a fair and balanced set of employment conditions for the duration of 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