DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5781)

WILLIAMSTOWN CRANE HIRE PTY LTD T/AS WILLIAMSTOWN 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 Williamstown Crane Hire Pty Ltd T/as Williamstown 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 Williamstown Crane Hire Pty Ltd T/as Williamstown 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Williamstown Crane Hire Pty Ltd T/as Williamstown Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant sought to have the agreement registered as a safety net agreement, under the Fair Work Act 2009. The respondent, Williamstown Crane Hire, contested the application, arguing that the agreement did not meet the safety net requirements.

The legal issues before the court were whether the agreement met the safety net requirements set out in section 234 of the Fair Work Act. The court had to determine if the agreement provided for minimum rates of pay, minimum leave entitlements, and other safety net terms and conditions. The court also needed to consider whether the agreement provided for a process for resolving disputes and whether it included provisions for the protection of employees.

The court found that the agreement did not meet the safety net requirements. The court was concerned with the agreement's provisions relating to overtime payments, which did not align with the minimum safety net provisions. The court also noted that the agreement did not include a process for resolving disputes or provisions for the protection of employees. The court held that the agreement did not provide for the minimum rates of pay, minimum leave entitlements, and other safety net terms and conditions as required by section 234 of the Fair Work Act. The application for approval was therefore dismissed.

The court did not make any orders as the application for approval was dismissed. The agreement will not be registered as a safety net agreement, and the employees covered by the agreement will not benefit from the safety net provisions. The court's decision highlights the importance of ensuring that enterprise agreements meet the safety net requirements to protect employees' rights.

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