DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5665)

WORKSITE CONNECT PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the Worksite Connect 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 Worksite Connect 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 28 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 applicants, Worksite Connect Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 from the Fair Work Commission. The respondents, who included a number of employers and entities within the mobile crane hiring industry, contested the approval, arguing that the agreement failed to comply with certain statutory requirements and was not genuinely negotiated. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and whether it complied with the statutory requirements set out in the Fair Work Act. The respondents argued that the agreement did not reflect genuine negotiations as it was largely drafted by the union and that it contained provisions that were not genuinely agreed upon by the parties. Furthermore, the respondents argued that the agreement failed to comply with certain statutory requirements, including provisions regarding minimum working hours and penalty rates.

In determining whether the agreement was genuinely negotiated, the Commission considered the process by which the agreement was developed, the level of engagement between the parties, and whether the agreement reflected a genuine attempt to reach a consensus. The Commission found that there had been genuine negotiations between the parties, noting that the union and Worksite Connect had engaged in a series of meetings and discussions, and that the agreement reflected a genuine attempt to reach a consensus. The Commission also found that the agreement complied with the statutory requirements set out in the Fair Work Act, including provisions regarding minimum working hours and penalty rates.

Accordingly, the Commission approved the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, rejecting the respondents' arguments. The Commission found that the agreement was genuinely negotiated and complied with the statutory requirements set out in the Fair Work Act. The agreement was approved and will now apply to the mobile crane hiring industry for the period 2016-2019.

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