Coates Hire Operations Pty Ltd

[2013] FWCA 207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coates Hire Operations Pty Ltd
(AG2012/13683)

COATES HIRE OPERATIONS PTY LIMITED ETU ENTERPRISE AGREEMENT 2012-2016

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 7 JANUARY 2013

Application for approval of the Coates Hire Operations Pty Limited ETU Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Coates Hire Operations Pty Limited ETU Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Coates Hire Operations Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 14 January 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coates Hire Operations Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement for the period 2012 to 2016. The applicant sought to establish terms and conditions for their employees, including wages, hours of work, and other employment-related matters. The dispute centred around whether the proposed agreement met the necessary criteria under the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement contained the required minimum terms, and if it was free from any prohibited content.

The court had to determine if the agreement included the ten minimum entitlements stipulated by the Fair Work Act, such as maximum weekly hours, paid annual leave, and the national minimum wage. Additionally, the court examined whether the agreement contained any provisions that could be considered prohibited content, such as terms that undermined employees' rights or imposed unreasonable penalties. The applicant argued that their proposed agreement was fair and compliant with legislative requirements, while no objections were raised by other parties involved.

In reaching its decision, the Fair Work Commission carefully reviewed the agreement against the statutory provisions. The Commission confirmed that all ten minimum entitlements were adequately covered by the proposed terms. Furthermore, the Commission found no evidence of prohibited content, deeming the agreement to be fair and compliant. Consequently, the Commission approved the Enterprise Agreement, recognising it as meeting all the legal requirements under the Fair Work Act.

As a result of the Commission's approval, Coates Hire Operations Pty Ltd's Enterprise Agreement 2012-2016 was formally accepted. This decision allows the agreement to be implemented, providing a clear framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established