DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1286)

4B CRANE HIRE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Telecommunications services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MAY 2020

Application for approval of the 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The 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. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 May 2020 and, in accordance with s 54, will operate from 2 June 2020. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant, a trade union, filed an application for the approval of the 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The application was heard in the Fair Work Commission, the federal workplace relations tribunal. The respondent, 4B Crane Hire Pty Ltd, an employer within the enterprise, contested the application, citing concerns about certain provisions of the agreement that it deemed to be overly prescriptive and potentially detrimental to its business operations.

The legal issues before the court centred on the approval of the enterprise agreement under the Fair Work Act 2009. The court had to determine whether the agreement complied with the legislative requirements, including whether it met the "better off overall test" and whether it contained prohibited content. Specifically, the court examined if the agreement provided employees with conditions that were no worse than the applicable award or modern award and if it included any provisions that were deemed to be unfair or unreasonable. The court also had to assess if the agreement was fairly negotiated and if it contained any content that was prohibited under the act.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and met the requirements of the act. The commission determined that the agreement provided employees with conditions that were better off overall compared to the applicable award. It held that the provisions in question did not contain any prohibited content and did not unfairly disadvantage the employer. Consequently, the court approved the 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020, as it complied with the necessary legal standards.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established