Statewide Cranes Pty Ltd Summary

[2014] FWCA 8363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Statewide Cranes Pty Ltd
(AG2014/7727)

STATEWIDE CRANES PTY LTD & CFMEU ENTERPRISE AGREEMENT 2014-2017

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the Statewide Cranes Pty Ltd & CFMEU Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Statewide Cranes Pty Ltd & CFMEU Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Cranes Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 21 November 2014 and, in accordance with s.54, will operate from 28 November 2014. The nominal expiry date of the Agreement is 25 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Statewide Cranes Pty Ltd, sought approval for an Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2014 to 2017. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fair and reasonable, and whether it was made in good faith.

The Commission examined the negotiation process, the content of the agreement, and whether it provided for fair terms and conditions of employment. The applicant argued that the agreement was fair and reasonable, having been negotiated in good faith, and that it provided for appropriate terms and conditions. The CFMEU supported the application, stating that the agreement had been negotiated fairly and represented the best possible terms for its members. The Commission considered submissions from both parties and conducted a detailed analysis of the agreement's provisions. The Commission found that the agreement contained terms and conditions that were fair and reasonable and that it had been made in good faith. The Commission was satisfied that the negotiation process was fair and that the agreement reflected a balance of interests between the parties.

The Fair Work Commission approved the Statewide Cranes Pty Ltd & CFMEU Enterprise Agreement 2014 - 2017. The Commission determined that the agreement met the legal requirements for approval and was fair and reasonable. The agreement was accepted as meeting the necessary criteria under the Fair Work Act 2009.

Statewide Cranes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established