Ellis Crane Hire Pty Ltd

[2013] FWCA 8476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ellis Crane Hire Pty Ltd
(AG2013/9797)

ELLIS CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 28 OCTOBER 2013

Application for approval of the Ellis Crane Hire Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ellis Crane Hire Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ellis Crane Hire Pty Ltd sought approval for the Ellis Crane Hire Pty Ltd Enterprise Agreement 2013, which had been negotiated between the company and its employees' union. The dispute arose when the company argued that the agreement was necessary to modernise their operations, while the union contended that certain terms were unfavourable to employees. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue before the Commission was whether the terms of the proposed agreement were procedurally and substantively fair. Procedural fairness required the Commission to consider whether the bargaining process was conducted in good faith and whether employees had a genuine opportunity to participate. Substantive fairness involved assessing whether the terms of the agreement were reasonable and equitable in the context of the industry and the parties' respective positions. The Commission had to balance the company's need for flexibility with the employees' right to fair compensation and working conditions.

The Fair Work Commission found that the bargaining process was conducted in good faith and that employees had a genuine opportunity to participate, thus satisfying the procedural fairness requirement. In terms of substantive fairness, the Commission considered the industry standards, the economic climate, and the specific circumstances of the company and its employees. After thorough deliberation, the Commission concluded that while some terms were contentious, the overall agreement was fair and reasonable, taking into account the need for modernisation and the employees' rights. Consequently, the Commission approved the Ellis Crane Hire Pty Ltd Enterprise Agreement 2013.

The final orders of the Commission included the approval of the enterprise agreement, with specific terms and conditions outlined in the agreement document. The decision was binding on both the company and the union, setting the terms of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established