DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hago Machinery Hire Pty Ltd
(AG2015/2571)

HAGO MACHINERY PTY LTD CRANE OPERATORS ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 MAY 2015

Application for approval of the Hago Machinery Hire Pty Ltd Crane Operators Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hago Machinery Hire Pty Ltd Crane Operators Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hago Machinery Hire Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 11 May 2015 and, in accordance with s.54, will operate from 18 May 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hago Machinery Hire Pty Ltd, sought approval of the Crane Operators Enterprise Agreement 2015-2018. The respondent, Australian Manufacturing Workers' Union, opposed the application on various grounds, including that the agreement did not meet the 'better off overall test' and contained clauses that were contrary to public policy. The Fair Work Commission was tasked with determining whether the agreement should be approved as a registered agreement under the Fair Work Act 2009.

The Commission first considered whether the agreement met the 'better off overall test', which requires that employees are not worse off financially by being subject to the agreement than they would be under their existing awards or agreements. The Commission found that the agreement provided for a series of wage increases and other benefits, including improved leave provisions, which resulted in employees being better off overall. The Commission also examined whether any provisions of the agreement were contrary to public policy. It concluded that none of the clauses in the agreement contravened any public policy considerations.

After considering the evidence and arguments presented by both parties, the Commission approved the agreement. It found that the agreement provided for fair and reasonable terms and conditions of employment and met the statutory requirements for registration. The Commission also noted that the agreement had been negotiated in good faith and was in the best interests of the employees. The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, and it concluded that the agreement should be approved as a registered agreement.

The Fair Work Commission approved the Hago Machinery Hire Pty Ltd Crane Operators Enterprise Agreement 2015-2018 as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement met the 'better off overall test' and did not contravene any public policy considerations. The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties and was in the best interests of the employees.

Hago Machinery Hire 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