DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5755)

BRENT YOUNG CRANES 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 Brent Young 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 Brent Young 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 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

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval of the Brent Young Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute arose in the context of the Fair Work Act 2009, specifically in relation to the provisions governing the approval and registration of enterprise agreements. The matter was heard and determined in the Fair Work Commission.

The central legal issues before the Commission involved whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act. Key considerations included whether the agreement was made in good faith, whether it provided for fair and reasonable terms, and whether it complied with the procedural prerequisites for registration, such as the appropriate bargaining process and the provision of necessary documentation. Additionally, the Commission needed to examine whether the agreement adequately protected the rights and interests of employees, particularly in light of any potential impact on the workforce.

The Commission meticulously examined the procedural aspects of the agreement and found that the bargaining process adhered to the necessary legal standards. It concluded that the agreement was made in good faith and provided for fair and reasonable terms. The Commission also noted that the agreement included provisions for dispute resolution and protections for employees, thus satisfying the requirements of the Act. Consequently, the Commission approved the enterprise agreement and ordered its registration, thereby resolving the dispute in favour of the applicant.

No further orders were made beyond the approval and registration of the enterprise agreement as per the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and meet all statutory requirements to protect the interests of both employers and employees.

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