ALE Heavylift (Australia) Pty Ltd Summary

[2014] FWCA 8176

FAIR WORK COMMISSION

DECISION

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

ALE Heavylift (Australia) Pty Ltd
(AG2014/7910)

ALE HEAVYLIFT (AUSTRALIA) PTY LTD GLADSTONE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 NOVEMBER 2014

Application for approval of the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 October 2014 by ALE Heavylift (Australia) Pty Ltd for the approval of a single-enterprise agreement known as the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of ALE Heavylift (Australia) Pty Ltd, the applicant sought approval of the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2014. The applicant, a company operating in the heavy lifting and transport industry, had entered into an enterprise agreement with the Maritime Union of Australia. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the legal criteria for approval.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was certified as "no disadvantage" by an independent certifier, and whether it contained provisions that were contrary to the public interest. Furthermore, the Commission needed to determine if the agreement had been negotiated in good faith, and whether it contained terms that were procedurally unfair.

The Commission examined the evidence and submissions provided by both parties, and concluded that the agreement was certified as "no disadvantage" by an independent certifier, and that it did not contain any provisions that were contrary to the public interest. The Commission also found that the agreement was negotiated in good faith, and that it did not contain any terms that were procedurally unfair. Therefore, the Commission approved the agreement, finding that it met all the legal criteria for approval.

In light of the above findings, the Fair Work Commission approved the ALE Heavylift (Australia) Pty Ltd Gladstone Enterprise Agreement 2014, and made an order to that effect. The decision provides important guidance for employers and employees in the heavy lifting and transport industry, and highlights the importance of negotiating enterprise agreements that meet the legal requirements for approval.

ALE Heavylift (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established