DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MJOYCE CRANES HIRE Pty Ltd
(AG2015/100)

MJOYCE CRANE HIRE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2015

Application for approval of the MJOYCE CRANE HIRE Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MJOYCE CRANE HIRE Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by MJOYCE CRANE HIRE Pty Ltd. The Agreement is a greenfields agreement.

[2] 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 and 187 of the Act, 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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 30 January 2015 and, in accordance with s.54, will operate from 6 February 2015. The nominal expiry date of the Agreement is 30 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MJOYCE CRANES HIRE Pty Ltd applied for the approval of the MJOYCE CRANE HIRE Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The applicant sought to have the agreement approved under the Fair Work Act 2009 (Cth) to ensure it would be a certified agreement and thereby protected from challenge as an individual agreement. The applicant argued that the agreement was made in good faith and without coercion, and that it provided appropriate protections for employees.

The legal issues before the court were whether the agreement was made in good faith and without coercion, and whether it provided appropriate protections for employees. The court considered the principles of good faith bargaining and the protections provided by the agreement, including provisions on pay rates, hours of work, and other employment conditions. The court also considered submissions from the parties and any relevant evidence.

The court found that the agreement was made in good faith and without coercion, and that it provided appropriate protections for employees. The court noted that the agreement was the product of extensive bargaining between the parties, and that it provided for a number of protections for employees, including provisions on pay rates, hours of work, and other employment conditions. The court was satisfied that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act.

The court approved the MJOYCE CRANE HIRE Pty Ltd Roy Hill AWU Greenfields Agreement 2015, and made orders accordingly. The agreement was approved as a certified agreement, and thereby protected from challenge as an individual agreement. The court's decision provides certainty for the parties and ensures that the agreement will be recognised as a valid and enforceable agreement between the parties.

MJOYCE CRANES 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