DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crane Hire Pty Ltd T/A Surf City Cranes
(AG2018/5640)

CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 SEPTEMBER 2019

Application for approval of the Crane Hire Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Crane Hire Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Crane Hire Pty Ltd T/A Surf City Cranes (the Applicant). The Agreement is a single enterprise agreement.

[2] On 23 October 2018, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) requested copies of the Form F16, Form F17 and Notice of Employee Representational Rights which were provided to the CFMMEU on 24 October 2018.

[3] On 1 November 2018, the CFMMEU made submissions raising a number of concerns it had with the Agreement. The Commission emailed the CFMMEU on 18 April 2019 seeking confirmation that they wished to be heard. The CFMMEU provided a response on 30 April 2019 indicating they wished to be heard.

[4] On 30 April 2019 correspondence was sent to the parties noting the concerns raised by the CFMMEU and the Commission. The parties were advised that the matter would be listed for hearing.

[5] On 19 June 2019, the Applicant provided submissions to address the concerns raised. On 4 August 2019 further correspondence was sent to parties seeking further submissions.

[6] On 12 August 2019, the Applicant provided further submissions and undertakings to address in response.

[7] On 28 August 2019, the CFMMEU emailed the Commission and indicated that it sought to withdraw from the matter.

[8] The Employer 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. The undertakings are taken to be a term of the agreement.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 9 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Crane Hire Pty Ltd, trading as Surf City Cranes, applied for approval of the Crane Hire Pty Ltd Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, and the dispute involved whether the agreement met the legal requirements for approval by the Fair Work Commission. The nature of the dispute was centred on whether the agreement appropriately covered the bargaining unit, the process by which it was negotiated, and its compliance with the provisions of the Act.

The primary legal issues that the court had to decide were whether the agreement had been fairly and genuinely negotiated, whether it contained all the required terms and conditions, and whether it was certified as meeting the "better off overall test" (BOOT). Additionally, the court had to ensure that the agreement did not contain any unfair provisions and that the process of negotiation and agreement formation complied with the procedural fairness requirements under the Act.

In its reasoning, the court examined the evidence provided regarding the negotiation process, finding that the agreement was indeed the result of genuine and fair bargaining between the employer and the employees' representatives. The court confirmed that the agreement contained all the necessary terms and conditions and was certified to meet the BOOT. The court also satisfied itself that there were no unfair provisions within the agreement. The court concluded that the agreement was valid and should be approved as it met all the statutory requirements under the Fair Work Act 2009.

The court approved the application for the agreement, stating that it was fair, genuinely negotiated, and complied with all legal requirements. The agreement was thus registered and would govern the terms and conditions of employment for the relevant employees.

Crane Hire Pty Ltd T/A Surf City Cranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established