DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5867)

IBM CRANE SERVICES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

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

Application for approval of the IBM Crane 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 IBM Crane 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 4 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the IBM Crane Services Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred around the terms and conditions of employment under the proposed agreement, including wages, working hours, and other employment-related matters. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the prescribed terms, whether the agreement was made in good faith, and whether the agreement provided for a proper process for the resolution of disputes. The Commission also had to consider whether the agreement was consistent with the national minimum safety net of entitlements and whether it appropriately balanced the interests of both employers and employees.

After reviewing the application and submissions from both parties, the Commission found that the agreement contained all the prescribed terms, was made in good faith, and provided for a proper process for the resolution of disputes. The Commission also found that the agreement was consistent with the national minimum safety net of entitlements and appropriately balanced the interests of both parties. Consequently, the Commission approved the IBM Crane Services Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

The Commission's decision to approve the agreement was based on its finding that the agreement met all the legal requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, while also protecting the interests of both employers and employees. The final orders of the Commission included the approval of the agreement, which would now serve as the basis for the employment terms and conditions between the parties for the specified period.

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