ACA Rigging & Crane Hire Pty Ltd

[2013] FWCA 7294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ACA Rigging & Crane Hire Pty Ltd
(AG2013/9447)

ACA RIGGING & CRANE HIRE PTY LTD AND THE CFMEU RIGGER / STEEL ERECTORS ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the ACA Rigging & Crane Hire Pty Ltd and the CFMEU Rigger / Steel Erectors Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the ACA Rigging & Crane Hire Pty Ltd and the CFMEU Rigger / Steel Erectors Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACA Rigging & Crane Hire 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] 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, will operate from 30 September 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ACA Rigging & Crane Hire Pty Ltd, which sought approval for the Enterprise Agreement between itself and the Construction, Forestry, Mining and Energy Union (CFMEU) Rigger / Steel Erectors. The application for approval was heard by the Fair Work Commission. The dispute centred around the terms and conditions set out in the Enterprise Agreement, including issues related to wages, working conditions, and the scope of the agreement's application. The primary legal issues were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The Fair Work Commission assessed the agreement against the statutory criteria outlined in the Fair Work Act, including whether the agreement provided for fair and reasonable terms and conditions. The Commission examined whether the agreement was made without any improper influence or pressure. It also considered the process by which the agreement was negotiated and whether it included provisions for the resolution of future disputes. The Commission determined that the agreement was fair and reasonable and had been negotiated in good faith, without any coercion. The agreement was approved, ensuring that the terms and conditions within it were legally enforceable for the parties involved.

The Fair Work Commission approved the Enterprise Agreement, finding that it met all the necessary statutory criteria. The Commission held that the agreement was fair and reasonable, and it had been negotiated in good faith. The Commission's decision confirmed that the agreement was valid and enforceable, providing a clear framework for the employment relationship between ACA Rigging & Crane Hire Pty Ltd and the CFMEU. The approval of the agreement ensured that the terms and conditions set out in the Enterprise Agreement would be legally binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established