DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5761)

SKYLIFT CRANE SERVICES (AUST) PTY LTD 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 Skylift Crane Services (Aust) 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 Skylift Crane Services (Aust) 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 29 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Skylift Crane Services (Aust) Pty Ltd. The dispute centred on the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, which was to cover the employees of Skylift Crane Services. The matter was brought before the Fair Work Commission, an Australian federal statutory body with jurisdiction to make binding decisions in employment-related disputes.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 231 and 232, which govern the approval of enterprise agreements. The Commission needed to determine if the agreement was a "bargaining representative agreement" as defined in the Act, and whether it was "certified" in accordance with the relevant provisions.

In its decision, the Commission examined the process by which the agreement was negotiated and whether it was genuinely bargained between the employer and the union. The Commission also considered if the agreement contained the necessary minimum terms and conditions as mandated by the Act. The Commission found that the agreement was indeed a genuine bargaining representative agreement and was certified correctly. It concluded that the agreement met all legal requirements for approval, and thus granted the application for approval of the enterprise agreement. The Commission's decision was based on the evidence provided, which demonstrated the proper negotiation process and the inclusion of all necessary terms.

As a result, the Fair Work Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, thereby providing legal recognition to the agreement between the CFMEU and Skylift Crane Services. This decision ensured that the terms and conditions of employment set out in the agreement would be enforceable under the Fair Work Act.

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