Lee Crane Hire Pty Ltd Summary

[2021] FWCA 6938

FAIR WORK COMMISSION

DECISION

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

Lee Crane Hire Pty Ltd
(AG2021/8487)

LEE CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 2 DECEMBER 2021

Application for approval of the Lee Crane Hire Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Lee Crane Hire Pty Ltd Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 9 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, Lee Crane Hire Pty Ltd applied for approval of their 2021 Enterprise Agreement. The applicants sought the Fair Work Commission's approval to ensure the agreement met the necessary criteria for lawful enforcement. The nature of the dispute centred on the interpretation and compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the legal requirements and if it met the standards of good faith bargaining and fairness.

The central legal issues revolved around whether the proposed enterprise agreement adhered to the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it was sufficiently certified, and if it contained provisions that were consistent with the public interest and industrial objectives. The applicants argued that the agreement was the result of genuine negotiations and that it addressed the needs of both employers and employees effectively. The respondents, if any, would typically raise objections if they believed the agreement did not meet the statutory standards or if it unfairly disadvantaged any party.

The Commission reviewed the evidence presented, including the negotiation process and the content of the agreement. The applicants provided detailed documentation demonstrating the steps taken to ensure the agreement was the result of genuine bargaining. The Commission found that the agreement was made in good faith and that it included provisions that were fair and reasonable. The Commission also considered the implications of the agreement on the broader industrial relations landscape, ensuring it did not undermine the protections afforded by the Act. Based on these findings, the Commission approved the agreement, finding it to be in compliance with the necessary legal standards.

The final orders of the Commission were that the Lee Crane Hire Pty Ltd Enterprise Agreement 2021 be approved and registered. This decision ensures that the agreement is legally enforceable and that it will govern the employment conditions of the parties involved. The approval was contingent on the continued adherence to the terms of the agreement and compliance with the Fair Work Act.

Lee Crane Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established