DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5477)

BKP CRANES & RIGGING SERVICES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the BKP Cranes & Rigging Services 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 BKP Cranes & Rigging Services 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 16 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry, Mining and Energy Union-Victoria Branch for the approval of the BKP Cranes & Rigging Services Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was brought pursuant to section 234 of the Fair Work Act 2009. The primary issue before the court was whether the enterprise agreement in question met the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must secure a safety net of minimum terms and conditions of employment. The court had to consider whether the agreement provided adequate protection for employees' rights and interests.

In delivering the decision, the court examined the provisions of the agreement to determine if it secured the minimum terms and conditions. The court noted that the agreement contained provisions relating to wages, hours of work, leave, and other employment conditions. However, the court found that certain provisions in the agreement did not adequately secure the safety net of minimum terms and conditions as required by the Fair Work Act. Specifically, the court identified issues with the provisions relating to penalty rates and shift differentials, which it found did not provide sufficient protection for employees' entitlements. The court concluded that, as a result, the agreement did not meet the statutory requirements and could not be approved.

Consequently, the court dismissed the application for approval of the enterprise agreement. The court held that the agreement failed to secure the safety net of minimum terms and conditions as required by section 231 of the Fair Work Act. The court did not make any orders for the approval of the agreement. This decision serves as a reminder of the importance of ensuring that enterprise agreements provide adequate protection for employees' rights and interests, and that they meet the statutory requirements for approval.

Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established