AKN Pty Ltd T/A Aitkin Crane Services

The matter before the Fair Work Commission (FWC) was an application by AKN Pty Ltd, trading as Aitkin Crane Services, for approval of the AKN Pty Ltd National Employee Services Agreement 2014. The application was made under section 235 of the Fair Work Act 2009 (Cth). The applicant sought to have the agreement registered as a Green Fields agreement, which would allow it to operate outside the scope of the Fair Work Act in relation to the employees covered by the agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who argued that the agreement did not meet the statutory requirements for approval.

The legal issues before the FWC were whether the agreement met the criteria for registration as a Green Fields agreement under section 236 of the Fair Work Act, and whether the agreement was in the best interests of the employees. The FWC considered the nature and content of the agreement, as well as the bargaining position of the parties. The CFMEU argued that the agreement did not meet the requirement that it "provides for a significant improvement in the terms and conditions of employment" compared to the applicable award or registered agreement. The applicant argued that the agreement provided for a better work-life balance, as well as other benefits such as higher wages and better safety measures.

After considering the evidence and submissions, the FWC found that the agreement met the criteria for registration as a Green Fields agreement. The FWC found that the agreement provided for a significant improvement in the terms and conditions of employment for the employees, particularly in relation to work-life balance. The FWC also found that the agreement was in the best interests of the employees, as it provided for higher wages and better safety measures. The FWC noted that the agreement was the result of good faith negotiations between the parties, and that the employees had been given an opportunity to vote on the agreement. The FWC approved the agreement and registered it as a Green Fields agreement.

The FWC ordered that the AKN Pty Ltd National Employee Services Agreement 2014 be approved and registered as a Green Fields agreement under section 235 of the Fair Work Act. The agreement will apply to the employees of AKN Pty Ltd who are covered by the agreement, and will operate outside the scope of the Fair Work Act. The CFMEU was given leave to appeal the decision to the Federal Court.