DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blaize Holdings Pty Ltd T/A Ashburton Crane Hire
(AG2015/1170)

ASHBURTON CRANE HIRE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 MAY 2015

Application for approval of the ASHBURTON CRANE HIRE Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ASHBURTON CRANE HIRE 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 Blaize Holdings Pty Ltd T/A Ashburton Crane Hire. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 22 May 2015 and, in accordance with s.54, will operate from 29 May 2015. The nominal expiry date of the Agreement is 22 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Blaize Holdings Pty Ltd, trading as Ashburton Crane Hire, applied to the Fair Work Commission for approval of the Ashburton Crane Hire Enterprise Agreement 2015. The applicants sought approval under section 232 of the Fair Work Act 2009, claiming the agreement meets the requirements of the Act. The application was opposed by the Australian Manufacturing Workers' Union, which argued the agreement did not meet the "better off overall test" and contained unfair provisions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements, including the better off overall test and the absence of prohibited content.

The primary legal issues before the Commission were whether the agreement was "freely and fairly" negotiated and if it met the "better off overall test". Additionally, the Commission needed to assess if the agreement contained any content that was prohibited by the Act. The "better off overall test" required the Commission to consider whether employees would be better off financially and in terms of conditions if the agreement was in place compared to the applicable awards. The Commission also had to ensure the agreement did not contain any unfair provisions that would undermine the rights of employees.

The Fair Work Commission found that the agreement was "freely and fairly" negotiated and satisfied the better off overall test. The Commission considered the financial and non-financial benefits provided by the agreement and concluded that employees would be better off overall with the agreement in place. Furthermore, the Commission found that the agreement did not contain any unfair provisions and was free from prohibited content. Consequently, the Commission approved the Ashburton Crane Hire Enterprise Agreement 2015.

The Fair Work Commission approved the Ashburton Crane Hire Enterprise Agreement 2015, determining that it met the statutory requirements under the Fair Work Act 2009. The Commission found the agreement was "freely and fairly" negotiated, satisfied the better off overall test, and did not contain any unfair or prohibited content. The decision was made on the basis of the evidence presented and the application of the relevant statutory criteria.

Blaize Holdings Pty Ltd T/A Ashburton Crane Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established