DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elevated Rigging Solutions Pty Ltd
(AG2018/5133)

ELEVATED RIGGING SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 17 APRIL 2019

Application for approval of the Elevated Rigging Solutions Pty Ltd Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Elevated Rigging Solutions Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Elevated Rigging Solutions Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 24 April 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Elevated Rigging Solutions Pty Ltd applied for approval of the Elevated Rigging Solutions Pty Ltd Enterprise Agreement 2018. The applicant, a company in the rigging and hoisting industry, sought to have the agreement, which was intended to regulate the terms and conditions of employment for its employees, formally recognised and enforceable under the Fair Work Act 2009. The dispute arose when the Australian Council of Trade Unions, representing the employees, contested the application on the basis that the agreement did not meet certain legal standards set out in the Act.

The central legal issue before the court was whether the agreement was compliant with the requirements of the Fair Work Act, particularly focusing on whether it contained all the mandated minimum terms and conditions, and whether it was fairly negotiated. The court had to examine if the agreement adequately addressed issues such as minimum wages, leave entitlements, and dispute resolution mechanisms, among others. Additionally, the court needed to consider if the bargaining process was free from coercion and whether the agreement was genuinely negotiated between the parties.

The court found that the agreement was substantially compliant with the statutory requirements. It noted that the agreement included all the mandated minimum terms and conditions and was negotiated in good faith. The court rejected the contentions raised by the unions, finding that there was no evidence of coercion or unfair negotiation practices. The court was satisfied that the agreement provided a fair and balanced framework for the employees' terms of employment. Consequently, the court approved the application for the agreement's registration.

The court ordered that the Elevated Rigging Solutions Pty Ltd Enterprise Agreement 2018 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the court's approval, providing a legally binding framework for the employment conditions of the workers involved.

Elevated Rigging Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established