DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5757)

CAPSALIS TRUST & RICHARDS TRUST T/AS RIGWELD CRANE HIRE 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 CAPSALIS TRUST & RICHARDS TRUST T/As RIGWELD 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 CAPSALIS TRUST & RICHARDS TRUST T/As RIGWELD 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 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 matter of an application for approval of the CAPSALIS TRUST & RICHARDS TRUST T/As RIGWELD CRANE HIRE and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the decision was handed down in the Fair Work Commission. The applicant, CAPSALIS TRUST & RICHARDS TRUST T/As RIGWELD CRANE HIRE, sought approval for a proposed enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU had lodged objections to the proposed agreement, asserting that it did not meet certain legal requirements.

The primary legal issue before the court was whether the proposed enterprise agreement met all the necessary statutory criteria for approval, as outlined in the Fair Work Act 2009. The court had to consider if the agreement complied with provisions regarding the terms of employment, procedural fairness, and any other relevant legislative requirements. Furthermore, the court needed to assess the CFMEU’s objections to determine if they were valid and warranted refusal of the agreement.

In its reasoning, the court examined the terms of the proposed agreement and the objections raised by the CFMEU. It concluded that the agreement substantially met the requirements of the Fair Work Act, including the provision of procedural fairness. The court found that the CFMEU's objections did not sufficiently demonstrate that the agreement failed to meet the necessary criteria. Consequently, the court approved the proposed agreement, finding it to be in compliance with all statutory requirements.

The final order of the court was the approval of the CAPSALIS TRUST & RICHARDS TRUST T/As RIGWELD CRANE HIRE and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. This ruling allows the terms of the enterprise agreement to be binding on the parties involved, subject to the conditions set out in the approved agreement.

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