DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5763)

J ASHDOWN FAMILY TRUST (THE TRUSTEE FOR) T/A CASEY CRANE HIRE 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 J Ashdown Family Trust (The Trustee for) t/a Casey 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 J Ashdown Family Trust (The Trustee for) t/a Casey 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 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 matter of an application for approval of the J Ashdown Family Trust (The Trustee for) trading as Casey Crane Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the Fair Work Commission was tasked with determining the fairness and appropriateness of the enterprise agreement in question. The dispute arose from an application submitted by the employer, seeking approval of the agreement, which was opposed by the union. The case was heard in the Fair Work Commission, the body responsible for overseeing and regulating workplace agreements in Australia.

The central legal issue before the Commission was whether the enterprise agreement was fair and appropriate under the Fair Work Act 2009. This involved assessing whether the agreement met the criteria set out in the Act, including its provisions on terms and conditions of employment, procedural fairness, and the overall balance of interests between the employer and the employees. The Commission was required to consider the specific terms of the agreement, as well as any relevant factors that might impact the fairness and appropriateness of the agreement.

The Fair Work Commission determined that the enterprise agreement was fair and appropriate, taking into account the overall balance of interests between the employer and the employees, as well as the specific provisions of the agreement. The Commission noted that the agreement provided for a reasonable level of flexibility for the employer to manage their business, while also ensuring that employees were protected by fair terms and conditions of employment. In reaching its decision, the Commission gave weight to the fact that the agreement had been negotiated in good faith by both parties and that it was supported by the majority of employees. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved it accordingly.

The Fair Work Commission granted the application for approval of the Casey Crane Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, determining that the agreement was fair and appropriate. The Commission's decision provides a useful example of how it assesses enterprise agreements and the factors it takes into account in making its determinations.

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