DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5878)

GARNER & WHEELER LIFTING SERVICES 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 Garner & Wheeler Lifting Services 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 Garner & Wheeler Lifting Services 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 Construction, Forestry, Mining and Energy Union sought approval of the Garner & Wheeler Lifting Services Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement contained sufficient terms to be approved as a modern award. The Commission needed to consider whether the agreement provided for a fair and efficient workplace, and whether it met the criteria for modern awards under the Act.

The Commission found that the agreement contained all the necessary terms and met the requirements for a modern award. The agreement provided for a fair and efficient workplace, and included provisions for wages, conditions, and dispute resolution. The Commission was satisfied that the agreement would provide for a better workplace for employees, and that it was in the national system interest to approve it. The application was therefore approved.

The Fair Work Commission approved the Garner & Wheeler Lifting Services Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement was registered as a modern award on 1 April 2016, and will remain in effect until 31 March 2019.

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