DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamond Valley Mobile Crane Hire Pty Ltd T/A DV Mobile Crane Hire
(AG2016/7820)

DIAMOND VALLEY MOBILE CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 27 JANUARY 2017

Application for approval of the Diamond Valley Mobile Crane Hire Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Valley Mobile Crane Hire Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Valley Mobile Crane Hire Pty Ltd T/A DV Mobile Crane 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Diamond Valley Mobile Crane Hire Pty Ltd, trading as DV Mobile Crane Hire, applied to the Fair Work Commission for approval of its Enterprise Agreement 2016. The application arose out of negotiations between the company and its employees, seeking to regulate their employment terms and conditions. The commission was tasked with ensuring the agreement met the requirements set out in the Fair Work Act 2009. The dispute centred on whether the agreement complied with the provisions of the act, particularly in terms of minimum entitlements, and if it was made in good faith and without coercion.

The central legal issues that the commission needed to address were whether the agreement was procedurally sound and whether it provided fair and reasonable terms for the employees. The commission examined the negotiation process, the contents of the agreement, and whether it adhered to the prescribed minimum standards. It was crucial to determine if the agreement was made in good faith and whether it provided for the employees' rights and obligations in a manner that was fair and reasonable. Additionally, the commission considered if the agreement was certified by an independent certifier and if it had been properly notified to the relevant parties.

In its reasoning, the commission found that the negotiation process was conducted in good faith and without any coercion, and the agreement met the procedural requirements of the act. The commission also confirmed that the agreement provided for the employees' minimum entitlements and other terms and conditions of employment that were fair and reasonable. The commission noted that the agreement had been certified by an independent certifier and that all relevant parties had been properly notified. Consequently, the commission approved the agreement, finding it to be compliant with the Fair Work Act 2009.

The final orders of the commission were that the Diamond Valley Mobile Crane Hire Pty Ltd Enterprise Agreement 2016 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would govern the employment terms and conditions of the employees of Diamond Valley Mobile Crane Hire Pty Ltd until such time as it was varied or terminated in accordance with the provisions of the Fair Work Act 2009.

Diamond Valley Mobile Crane Hire Pty Ltd T/A DV Mobile Crane Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established