DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5783)

A GRADE CRANE HIRE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the A Grade Crane Hire 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 A Grade Crane Hire 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 3 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 applied for the approval of the A Grade Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The respondent, A Grade Crane Hire Pty Ltd, contested the application on the basis that the agreement did not meet the requirements of section 230 of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the prescribed terms and provisions required by section 230 of the Act. Section 230 specifies the mandatory terms that must be included in an enterprise agreement for it to be approved. The Commission needed to determine if the agreement in question satisfied these requirements and if it met the standard of being in the best interests of the employees.

The Fair Work Commission found that the agreement contained all the prescribed terms and provisions as required by section 230. The Commission noted that the agreement comprehensively addressed the working conditions, pay rates, and other essential terms. The Commission also considered that the agreement was in the best interests of the employees, given the provisions for fair and equitable treatment. As a result, the Commission approved the agreement under section 184 of the Fair Work Act 2009.

The Fair Work Commission approved the A Grade Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The approval ensures that the agreement is legally binding and enforceable between the employer and the employees. This decision reinforces the importance of meeting the statutory requirements for enterprise agreements and highlights the Commission's role in ensuring fair and reasonable terms for employees.

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