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

[2013] FWCA 9933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norwest Crane Hire #2 Pty Ltd T/A Norwest Crane Hire
(AG2013/10115)

NORWEST CRANE HIRE # 2 PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Norwest Crane Hire #2 Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Norwest Crane Hire #2 Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Norwest Crane Hire # 2 Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] 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.

[4] The Agreement was approved on 18 December 2013 and, in accordance with s.54, will operate from 25 December 2013. The nominal expiry date of the Agreement is 18 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Norwest Crane Hire #2 Pty Ltd, trading as Norwest Crane Hire, and the Australian Workers' Union (AWU). The dispute centered around the approval of the Norwest Crane Hire #2 Pty Ltd Roy Hill AWU Greenfields Agreement 2013, which was an enterprise agreement intended to govern the employment terms and conditions of certain employees within the company. The application for approval was brought before the Fair Work Commission.

The primary legal issue the court had to address was whether the agreement met the statutory requirements for being an enterprise agreement under the Fair Work Act 2009. This involved examining the agreement to ensure it contained the necessary provisions and was free from any procedural irregularities. Specifically, the court had to determine if the agreement was made in good faith and if it had been properly certified by the Fair Work Commission.

The Fair Work Commission determined that the agreement met all the necessary statutory requirements and was therefore valid. The court found that the agreement had been made in good faith and was free from any procedural defects. The commission also noted that the agreement contained all the necessary provisions required by the Fair Work Act, including the mandated minimum terms and conditions. Consequently, the application for approval of the Norwest Crane Hire #2 Pty Ltd Roy Hill AWU Greenfields Agreement 2013 was successful.

As a result of the court's decision, the agreement was approved, and it became a legally binding enterprise agreement between Norwest Crane Hire #2 Pty Ltd and the Australian Workers' Union. The terms and conditions outlined in the agreement would now govern the employment relationship between the parties, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established