DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACA Rigging & Crane Hire (Vic) Pty Ltd
(AG2015/2281)

ACA RIGGING AND CRANE HIRE (VIC) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 APRIL 2015

Application for approval of the ACA Rigging and Crane Hire (Vic) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ACA Rigging and Crane Hire (Vic) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 9 April 2015 and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ACA Rigging & Crane Hire (Vic) Pty Ltd, a company involved in crane hire services, was the subject of an enterprise agreement application for approval by the Fair Work Commission. The application was made by the Australian Workers' Union, which sought to have the ACA Rigging and Crane Hire (Vic) Pty Ltd Enterprise Agreement 2015 approved under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the employees of the company, specifically whether the proposed agreement met the criteria for approval as a single-enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set forth in the Fair Work Act. This included assessing whether the agreement met the good faith bargaining requirements, whether it provided for the fair and reasonable terms and conditions of employment, and whether it contained any provisions that were contrary to public policy or not in the best interests of the employees. The Commission had to determine if the agreement was fair and reasonable in all its aspects, considering the economic and social context in which it was negotiated.

The Fair Work Commission found that the proposed agreement was largely compliant with the statutory requirements for a single-interest enterprise agreement. The Commission was satisfied that the agreement was the product of good faith bargaining and that it contained terms and conditions that were fair and reasonable. The agreement provided for adequate pay and conditions, including provisions for shift loading, penalty rates, and leave entitlements, which were considered to be fair in the context of the industry. The Commission also noted that there were no provisions in the agreement that were contrary to public policy or detrimental to the employees' interests. Consequently, the Commission approved the ACA Rigging and Crane Hire (Vic) Pty Ltd Enterprise Agreement 2015.

ACA Rigging & Crane Hire (Vic) 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