DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5868)

SERGI (AUST) PTY LTD AND THE CFMEU MOBILE CRANE HIRING ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the SERGI (AUST) PTY LTD and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the SERGI (AUST) PTY LTD and the CFMEU Mobile Crane Hiring 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 4 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 matter involved the Construction, Forestry, Mining and Energy Union and Sergi (Aust) Pty Ltd. The dispute related to the approval of the Sergi (Aust) Pty Ltd and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019. The Fair Work Commission was the court that presided over the case.

The primary legal issue the Commission had to determine was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for approval.

The Commission found that the agreement was fair and reasonable, considering the evidence presented by both parties. The Commission also determined that the procedural requirements for approval were met, as the agreement was properly negotiated and contained necessary provisions. As a result, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Sergi (Aust) Pty Ltd and the CFMEU Mobile Crane Hiring Enterprise Agreement 2016-2019, finding that it met the criteria for approval under the Fair Work Act 2009. The agreement was deemed fair and reasonable, and the procedural requirements for approval were satisfied.

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