DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5772)

GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/AS GENERAL CRANES AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/As GENERAL CRANES 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 GC CRANE HIRE ATF GA CAELLI DISCRETIONARY TRUST T/As GENERAL CRANES 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 29 September 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 case before the Fair Work Commission involved an application by the GC Crane Hire ATF Ga Caelli Discretionary Trust trading as General Cranes, along with the Construction, Forestry, Mining and Energy Union (CFMEU), for the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. This agreement was intended to regulate the terms and conditions of employment for employees within the mobile crane hiring industry. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall and in the round" agreement.

The central legal issues revolved around whether the proposed enterprise agreement satisfied the statutory criteria for approval under the Fair Work Act. Specifically, the Commission had to assess whether the agreement contained terms that were "fair and reasonable", and whether it provided employees with a better overall outcome compared to the existing awards or agreements. The application also needed to be considered in the context of the "better off overall and in the round" test, which required that the majority of employees covered by the agreement be better off overall than they would be under the applicable awards or agreements.

The Commission found that the agreement met the statutory criteria for approval. The terms and conditions outlined in the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the mobile crane hiring industry. The Commission noted the comprehensive nature of the agreement and its detailed provisions that addressed various employment aspects. Furthermore, the agreement was found to be "better off overall and in the round", as it provided employees with improved wages, conditions, and protections compared to the existing awards. The Commission was satisfied that the majority of employees would benefit from the proposed agreement, thereby meeting the statutory requirements for approval.

In light of the findings, the Commission approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The agreement was set to provide a new framework for the employment conditions in the mobile crane hiring industry, reflecting the negotiated terms between the employer and the union. This decision marked the formal recognition of the agreement, which would now govern the employment terms 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