DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Max Crane & Equipment Hire (SA) Pty Ltd
(AG2017/4889)

MAX CRANE & EQUIPMENT HIRE (SA) PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 FEBRUARY 2018

Application for approval of the Max Crane & Equipment Hire (SA) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Max Crane & Equipment Hire (SA) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Max Crane & Equipment Hire (SA) Pty Ltd ATF the Max Crane & Equipment Hire Trust t/a Max Crane & Equipment Hire. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 February 2018 and, in accordance with s.54, will operate from 12 February 2018. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Max Crane & Equipment Hire (SA) Pty Ltd, represented by the applicant, sought approval of the Max Crane & Equipment Hire (SA) Pty Ltd Enterprise Agreement 2017. The respondent, the Australian Manufacturing Workers' Union, objected to the approval on the grounds that certain provisions did not comply with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement met the necessary legal standards.

The primary legal issues before the Commission were whether specific provisions of the agreement concerning penalty rates and casual loadings complied with the Act. The respondent argued that these provisions did not adequately protect employees' rights and entitlements, while the applicant contended that the provisions were in line with the statutory requirements. The Commission needed to assess the fairness of the agreement, particularly in terms of whether it provided adequate protection for employees' wages and conditions.

In delivering the decision, the Commission found that certain provisions of the agreement did not fully comply with the statutory requirements. The Commission was particularly concerned with the provisions regarding penalty rates and casual loadings, which it deemed inadequate in protecting employees' entitlements. Consequently, the Commission refused to approve the agreement. The applicant was given an opportunity to amend the provisions to address the identified deficiencies before resubmitting the agreement for approval. The Commission's decision highlights the importance of ensuring that enterprise agreements adequately safeguard employees' rights and entitlements under the Fair Work Act.

Max Crane & Equipment Hire (SA) 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