DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5764)

ECH GEELONG T/AS EASTSIDE CRANE HIRE 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 ECH Geelong T/As Eastside Crane Hire 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 ECH Geelong T/As Eastside Crane Hire 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 involved the Construction, Forestry, Mining and Energy Union (CFMEU) and ECH Geelong T/As Eastside Crane Hire, where the dispute pertained to the approval of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Fair Work Commission, which has the jurisdiction to approve enterprise agreements, was the court that dealt with this case.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009. These requirements included ensuring that the agreement was made in good faith, was free from coercion or undue influence, and provided for a proper bargaining process. A specific concern was whether the agreement adequately protected the rights of employees, particularly those who might be affected by the changes proposed in the agreement.

The Commission found that the agreement was made in good faith and was free from any coercion or undue influence. The process of negotiation and consultation between the parties was deemed to be adequate, and the agreement itself was considered to be fair and reasonable. The Commission was satisfied that the rights of employees were protected, and it approved the agreement. The approval was contingent on certain conditions being met, including the provision of information to employees and the establishment of a dispute resolution process.

The Fair Work Commission approved the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, subject to the conditions outlined in the decision. This decision provides a framework for future agreements in the mobile crane hiring industry and ensures that the rights of employees are protected.

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