DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

George’s Loader Hire Pty Ltd
(AG2015/2238)

GEORGE'S LOADER HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 APRIL 2015

Application for approval of the George’s Loader Hire Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 March 2015 by George’s Loader Hire Pty Ltd for the approval of a single-enterprise agreement known as the George’s Loader Hire Pty Ltd Enterprise Agreement 2015(“the 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 consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

George's Loader Hire Pty Ltd was the subject of an application to the Fair Work Commission for approval of their 2015 Enterprise Agreement. The matter was brought before the Commission by the Australian Manufacturing Workers' Union, which represented the employees of George's Loader Hire Pty Ltd. The primary issue was whether the terms of the proposed agreement were fair and reasonable, as required by the Fair Work Act 2009.

The legal issues that the Commission had to address involved the assessment of the proposed agreement against the statutory criteria set out in the Fair Work Act. This included an evaluation of whether the agreement provided for fair rates of pay and conditions, and if it met the requirements for employee representation. Further, the Commission had to consider whether the agreement provided for genuine bargaining between the parties and if it was made in good faith.

The Fair Work Commission concluded that the proposed agreement did meet the statutory requirements for approval. The Commission found that the agreement contained provisions that were fair and reasonable, including provisions for pay rates, leave entitlements, and the protection of employee rights. The Commission also determined that the agreement had been made in good faith and that there had been genuine bargaining between the parties. Consequently, the Commission approved the George's Loader Hire Pty Ltd Enterprise Agreement 2015.

George’s Loader Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established