DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norwest Crane Hire #2 Pty Ltd T/A Norwest Crane Hire
(AG2016/2548)

NORWEST CRANE HIRE #2 PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2016

Application for approval of the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Norwest Crane Hire #2 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 Norwest Crane Hire #2 Pty Ltd T/A Norwest Crane Hire. 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 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 22 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norwest Crane Hire #2 Pty Ltd T/A Norwest Crane Hire applied to the Fair Work Commission for approval of an enterprise agreement, which had been registered by the Australian Building and Construction Commission. The applicant, the employer, sought to have the agreement approved and registered. The dispute centred on the adequacy and compliance of the proposed enterprise agreement with the relevant legislative framework. The Fair Work Commission was the body tasked with examining the application and determining whether the agreement met the necessary legal standards.

The primary legal issues revolved around whether the enterprise agreement complied with the Fair Work Act 2009 and whether it provided for the employees' terms and conditions of employment in a manner that was fair and reasonable. The Commission had to consider whether the agreement contained all the required terms, whether it was free from prohibited content, and whether it was negotiated in good faith. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement met the necessary criteria for approval. It contained all the required terms and was free from prohibited content. The process of negotiation was deemed to be conducted in good faith, and the agreement was considered to be in the best interests of both the employees and the employer. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and was consistent with the principles of the Fair Work Act. The application for approval and registration of the enterprise agreement was therefore granted.

The Fair Work Commission approved and registered the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2015, finding it to be compliant with the Fair Work Act 2009 and in the best interests of both the employees and the employer. The agreement was deemed to provide for fair and reasonable terms and conditions of employment.

Norwest Crane Hire #2 Pty Ltd T/A Norwest Crane Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established