DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5758)

BARRCO PTY LTD T/AS SMALL CRANE SPECIALISTS 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 Barrco Pty Ltd T/As Small Crane Specialists 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 Barrco Pty Ltd T/As Small Crane Specialists 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 Construction, Forestry, Mining and Energy Union, acting on behalf of its members, applied to the Fair Work Commission for approval of the Barrco Pty Ltd T/As Small Crane Specialists and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. Barrco Pty Ltd, a small crane specialist, contested the application, asserting that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement complied with the Act and if it was in the best interests of the employees.

The court needed to assess whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. This involved examining the agreement's content to ensure it met the criteria for enterprise agreements, including provisions on wages, conditions, and dispute resolution. The court also had to determine if the agreement was made in good faith and whether it was fair and beneficial for the employees.

The Fair Work Commission found that the agreement was procedurally valid and met the substantive requirements of the Act. The court considered the agreement to be fair and beneficial for the employees, noting that it provided for fair wages and conditions, and included appropriate dispute resolution mechanisms. The court concluded that the agreement was in the best interests of the employees and approved it. Consequently, the agreement was registered, and Barrco Pty Ltd was required to comply with its terms.

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