DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5762)

CUSTOM RIGGING & RELOCATIONS 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 CUSTOM RIGGING & RELOCATIONS 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 CUSTOM RIGGING & RELOCATIONS 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

In the case of the Construction, Forestry, Mining and Energy Union v Custom Rigging & Relocations Pty Ltd, the Fair Work Commission was tasked with approving the proposed enterprise agreement between the union and the employer. The agreement in question, the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, aimed to regulate the terms and conditions of employment for workers within the mobile crane hiring industry. The primary concern centred on whether the agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009.

The legal issues that the commission had to resolve included verifying whether the agreement had been genuinely negotiated and if it contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the commission had to ensure that the agreement did not adversely affect employees adversely and that it complied with the principles of the Fair Work Act. The union argued that the agreement was fair and equitable, while the employer contended that it was necessary for the business’s operational efficiency and competitiveness.

After thorough examination, the Fair Work Commission found that the proposed agreement was genuinely negotiated and contained all the required minimum terms. The commission also determined that the agreement did not disadvantage employees and was in line with the overarching principles of the Fair Work Act. Consequently, the commission approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, deeming it compliant with all legislative requirements. This decision was based on the evidence presented and the commission's assessment of the agreement's fairness and reasonableness.

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