Macweld Crane Hire Pty Ltd

[2013] FWCA 4986

FAIR WORK COMMISSION

DECISION

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

Macweld Crane Hire Pty Ltd
(AG2013/7565)

MACWELD CRANE HIRE PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 25 JULY 2013

Application for approval of the Macweld Crane Hire Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Macweld Crane Hire Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Macweld 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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Macweld Crane Hire Pty Ltd sought approval of the Macweld Crane Hire Pty Ltd Enterprise Agreement 2013. The agreement was being challenged on several grounds by the Construction, Forestry, Mining and Energy Union, representing employees within the company. The primary contention was whether the agreement complied with the requirements of the Fair Work Act 2009 and if it appropriately balanced the interests of both employers and employees.

The court had to determine whether the agreement was a genuine enterprise agreement, free from unlawful content, and if it met the statutory criteria set out in the Fair Work Act. This included ensuring that the agreement provided for terms and conditions of employment, and did not contain any provisions that were contrary to public policy or otherwise unlawful. Additionally, the court examined if the agreement had been fairly negotiated and if the requisite procedural fairness was observed during its formation.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement that adhered to all statutory requirements. The commission held that the agreement was free of unlawful content and was fair and reasonable in all respects. The negotiation process was deemed to be procedurally fair, with all parties having an opportunity to participate and contribute. Consequently, the commission approved the agreement.

The final order was that the Macweld Crane Hire Pty Ltd Enterprise Agreement 2013 be approved in accordance with section 181 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established