Capel Crane Hire Pty Ltd

[2014] FWCA 8612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capel Crane Hire Pty Ltd
(AG2014/9793)

CAPEL CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Capel Crane Hire Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Capel Crane Hire Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capel 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 Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 8 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Capel Crane Hire Pty Ltd, an employer, sought approval of the Capel Crane Hire Pty Ltd Enterprise Agreement 2014. The applicant argued that the agreement was fair and appropriate for the employees it covered. The Fair Work Commission (FWC) was the tribunal that heard the application.

The central legal issue for the FWC to determine was whether the agreement met the criteria for approval as stipulated in the Fair Work Act 2009. This involved assessing whether the agreement was fair and appropriate, taking into account factors such as employee representation, bargaining power, and compliance with minimum entitlements. The FWC also had to consider whether the agreement provided for genuine enterprise bargaining and whether it was consistent with the overarching principles of the Act.

The FWC found that the agreement satisfied the requirements for approval. It concluded that the agreement was fair and appropriate, as it provided for genuine enterprise bargaining, and that it did not undermine the minimum standards set out in the Act. The FWC took into account the evidence presented by both parties, including the nature of the enterprise and the bargaining process that led to the agreement. The tribunal was satisfied that the agreement was consistent with the principles of the Act and did not disadvantage the employees it covered.

The FWC approved the Capel Crane Hire Pty Ltd Enterprise Agreement 2014, subject to certain conditions. These conditions were designed to ensure that the agreement continued to meet the requirements for approval and did not result in any adverse consequences for the employees. The employer was required to provide certain information and updates to the FWC, and the agreement was to be subject to periodic reviews to ensure ongoing compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established