DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2018/404)

CLEARY BROS (BOMBO) PTY LTD PLANT HIRE AND CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JUNE 2018

Application for approval of the Cleary Bros (Bombo) Pty Ltd Plant Hire and Construction Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Plant Hire and Construction Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleary Bros (Bombo) Pty Ltd. 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, 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Cleary Bros (Bombo) Pty Ltd, the applicant sought approval for the Cleary Bros (Bombo) Pty Ltd Plant Hire and Construction Employees Enterprise Agreement 2017. The application was brought before the Fair Work Commission, the tribunal responsible for overseeing such agreements. The applicant, a company engaged in plant hire and construction services, proposed a set of terms and conditions for its employees which it believed would be fair and reasonable. The dispute centred on whether the proposed agreement met the criteria set out in the Fair Work Act 2009, specifically in relation to procedural fairness, and whether it was in the best interests of the employees and the broader labour market.

The central legal issues before the Commission involved whether the agreement was certified as "no disadvantage" by the Australian Bureau of Statistics (ABS) and whether it had been genuinely agreed upon by the parties. The applicant needed to demonstrate that the agreement was not worse off for the employees compared to the applicable award and that it had been fairly negotiated. The Commission was also required to consider whether the agreement met the requirements of procedural fairness and if it was in the best interests of the employees and the broader labour market.

In its decision, the Commission examined the evidence provided by the applicant and the submissions made by the parties. It found that the agreement had been certified as "no disadvantage" by the ABS, and the applicant had provided sufficient evidence to demonstrate that it had been genuinely negotiated. The Commission concluded that the agreement met the criteria for procedural fairness and was in the best interests of the employees and the broader labour market. Consequently, the Commission approved the Cleary Bros (Bombo) Pty Ltd Plant Hire and Construction Employees Enterprise Agreement 2017, which will now form the basis of employment terms and conditions for the employees of the company.

Cleary Bros (Bombo) 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