DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.M. Cranes & Rigging Pty Ltd
(AG2016/1376)

A.M.CRANES & RIGGING PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the A.M. Cranes & Rigging Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the A.M. Cranes & Rigging Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.M. Cranes & Rigging 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 27 July 2016 and, in accordance with s.54, will operate from 3 August 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the A.M. Cranes & Rigging Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The applicant, A.M. Cranes & Rigging Pty Ltd, sought the commission’s approval of the proposed enterprise agreement, which was intended to govern the employment terms and conditions of its workers. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the enterprise agreement was a bona fide agreement, whether it contained the required minimum terms as stipulated by the Fair Work Act, and if the agreement had been made in accordance with the relevant procedural requirements. Additionally, the commission had to consider whether the agreement provided for proper mechanisms to ensure its terms were effectively communicated to employees and whether it included necessary dispute resolution provisions. The fairness and equity of the agreement's terms, particularly in light of the specific nature of the construction industry, were also scrutinised.

The commission found that the agreement was a bona fide enterprise agreement and that it contained all the required minimum terms. The applicant had demonstrated adherence to the procedural requirements for making the agreement, including the necessary steps for employee consultation and the provision of relevant information. The commission noted that the agreement included effective mechanisms for communicating its terms to employees and contained appropriate dispute resolution provisions. After reviewing the fairness and equity of the agreement's terms, the commission was satisfied that the agreement was just and equitable, taking into account the specific conditions and demands of the construction industry.

The Fair Work Commission approved the A.M. Cranes & Rigging Pty Ltd Ichthys Onshore Construction Enterprise Agreement, effective from the date of the decision. The approval was contingent on the applicant ensuring that all necessary steps were taken to communicate the agreement's terms to employees and that the provisions for dispute resolution were implemented effectively.

A.M. Cranes & Rigging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established