DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coates Hire Operations Pty Ltd T/A Coates Hire
(AG2017/1909)

COATES HIRE OPERATIONS PTY LIMITED NATIONAL AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 28 JUNE 2017

Application for approval of the Coates Hire Operations Pty Limited National Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coates Hire Operations Pty Limited National 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 Coates Hire Operations Pty Ltd T/A Coates 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, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coates Hire Operations Pty Ltd T/A Coates Hire applied to the Fair Work Commission for approval of the Coates Hire Operations Pty Limited National Agreement 2017. The application was brought under section 231 of the Fair Work Act 2009, and the applicant was represented by counsel. The applicant sought approval for the agreement as a registered agreement, enabling it to be registered with the Fair Work Commission and enforceable against the employees covered by the agreement.

The main legal issue before the Fair Work Commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, which sets out the criteria for an agreement to be considered a registered agreement. The applicant argued that the agreement satisfied all the necessary conditions, including that it provided for the payment of wages and other conditions of employment, and that it had been made in good faith and without any contravention of the Act. The Commission considered whether the agreement met the criteria for approval, taking into account the evidence presented by the applicant and any submissions made by other parties.

The Fair Work Commission found that the agreement met the requirements of section 230 of the Fair Work Act 2009. The Commission considered the evidence presented by the applicant and concluded that the agreement provided for the payment of wages and other conditions of employment, and that it had been made in good faith and without any contravention of the Act. The Commission also considered any submissions made by other parties and found that there were no significant issues or concerns that would prevent the approval of the agreement. The Commission approved the application and registered the agreement as a registered agreement.

The final orders of the Fair Work Commission included the approval and registration of the Coates Hire Operations Pty Limited National Agreement 2017 as a registered agreement, effective from the date of the decision. The agreement is now enforceable against the employees covered by the agreement, and the applicant is required to take all necessary steps to give effect to the agreement. The decision of the Fair Work Commission is final and binding on all parties, and any disputes arising from the agreement must be resolved in accordance with the procedures set out in the Act.

Coates Hire Operations Pty Ltd T/A Coates Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established