Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire

[2020] FWCA 764

[2020] FWCA 764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire
(AG2019/5130)

GOLDFIELDS CRANE HIRE 2019 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the Goldfields Crane Hire 2019 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Goldfields Crane Hire 2019 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire. The Agreement is a single enterprise agreement.

[2] 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.

[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 Form F17 statutory declaration provided by the employer declares that there were two notification times for the Agreement: 21 January and 11 September 2019. The Notice of Employee Representational Rights (NERR) was also distributed to employees on 21 January and 11 September 2019. The employer declares that a second notification was issued due to the length of time from the 21 January 2019 notification to ensure that employees who had commences employment since the first notification were aware of the process and could appoint a representative if they chose to. Section 173(3) of the Actrequires that the employer must give the notice no later than 14 days after the notification time for the Agreement. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A