DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5765)

K CRANES 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 K Cranes 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 K Cranes 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and K Cranes Pty Ltd. The dispute centred on the approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission (FWC). The CFMEU sought approval for the enterprise agreement, while K Cranes Pty Ltd argued against its approval.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the procedural requirements, if it was made in good faith, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement was in the best interests of the employees covered by it.

In its decision, the FWC found that the agreement was made in good faith and was fair and reasonable, taking into account the parties' bargaining positions and the broader economic context. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions on wages, hours of work, and other employment-related matters. The FWC also concluded that the agreement met the procedural requirements, as it was the product of genuine bargaining between the parties. Given these findings, the FWC approved the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, as sought by the CFMEU.

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