DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lee Crane Hire Pty Ltd
(AG2015/7084)

LEE CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 JANUARY 2016

Application for approval of the Lee Crane Hire Pty Ltd Enterprise Agreement 2015..

[1] An application has been made for approval of an enterprise agreement known as the Lee Crane Hire Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lee Crane 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 January 2016 and, in accordance with s.54, will operate from 26 January 2016. The nominal expiry date of the Agreement is 19 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Lee Crane Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the approval of the Enterprise Agreement 2015. The case was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal. The legal issues that the court had to resolve included whether the agreement provided adequate terms and conditions for the employees and whether it complied with the relevant legislative framework.

The court examined the provisions of the Fair Work Act 2009 to determine if the Enterprise Agreement met the necessary criteria for approval. These criteria included ensuring that the agreement did not undermine the safety and health of employees, provided a fair and reasonable method of determining wages and other conditions of employment, and did not discriminate against employees. The court also assessed whether the agreement was made in good faith and whether the union had properly represented its members during the negotiation process.

The Fair Work Commission found that the Enterprise Agreement 2015 did not meet the necessary requirements for approval. The court identified several issues, including that the agreement failed to adequately protect employee safety and health, did not provide a fair and reasonable method of determining wages and other conditions of employment, and contained discriminatory provisions. Additionally, the court found that the union had not properly represented its members during the negotiation process, which further undermined the validity of the agreement. As a result, the application for approval of the Enterprise Agreement 2015 was dismissed.

Lee Crane 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