DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5853)

LYNBURN 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 LYNBURN 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 LYNBURN 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Lynburn Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. Lynburn Crane Hire Pty Ltd opposed the application, arguing that certain provisions of the agreement were inconsistent with the Fair Work Act 2009. The matter was heard by the Commission, which was required to determine whether the agreement was suitable for registration.

The primary legal issue before the Commission was whether certain provisions of the enterprise agreement were consistent with the Fair Work Act. In particular, the Commission needed to consider whether the provisions relating to the classification of employees, wage rates, and shift patterns met the requirements of the Act. The Commission also had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights.

The Commission found that the provisions of the agreement were consistent with the Fair Work Act. It determined that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights. The Commission also found that the provisions relating to the classification of employees, wage rates, and shift patterns were fair and reasonable. Accordingly, the Commission approved the agreement and registered it as a registered agreement under the Act.

The Commission made an order approving the Lynburn Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 as a registered agreement under the Fair Work Act. The order also declared that the agreement would be in effect from the date of registration and would remain in force until the end of the agreed period or until it was varied or replaced by a new agreement. The order further provided for the agreement to be published on the Fair Work Commission's website and for the parties to provide a copy of the agreement to any employees covered by 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