CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire
(AG2014/7614)

GOLDFIELDS CRANE HIRE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Goldfields Crane Hire Enterprise Agreement 2014.

[1] The decision issued by the Fair Work Commission on 5 December 2014 [[2014] FWCA 8767] is corrected as follows:

By renumbering paragraph [4] to [5] and inserting the words “I note that the agreement covers Goldfields Crane Hire Pty Ltd and CraneCorp Australia Pty Ltd, and not CraneCorp Australia Holdings Pty Ltd” to the newly numbered paragraph [4].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute involved Goldfields Crane Hire Pty Ltd, trading as Goldfields Crane Hire, and the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Federal Circuit Court of Australia. The crux of the issue was whether the respondent union had complied with section 185 of the Fair Work Act 2009 when it made an application to the Fair Work Commission for the registration of a new enterprise agreement. The union argued that the provisions of the Fair Work Act had been followed, while the employer contended that certain procedural requirements had not been met.

The court had to determine whether the union's application complied with the statutory requirements of section 185. The court examined the relevant sections of the Fair Work Act and the processes involved in the application for the registration of an enterprise agreement. It found that the union had not strictly adhered to the procedural requirements as mandated by the legislation. Specifically, the court held that the union had failed to provide the employer with the requisite notice and supporting documents in accordance with section 185(4) of the Act.

Consequently, the court ruled in favour of the employer, finding that the union's application did not comply with the legislative provisions. The court's decision was based on a meticulous analysis of the statutory language and the procedural steps required by section 185 of the Fair Work Act. As a result, the union's application for the registration of the enterprise agreement was dismissed. The court's ruling was definitive, emphasising the importance of strict compliance with statutory requirements in the registration process.

Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established