DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norwest Crane Hire #2 Pty Ltd T/A Norwest Crane Hire
(AG2019/1798)

NORWEST CRANE HIRE #2 PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 JULY 2019

Application for approval of the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2019 (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] The Employer 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2019. The nominal expiry date of the Agreement is 15 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504465 PR710380>
Annexure A

CaseChat Overview and Summary

Norwest Crane Hire #2 Pty Ltd T/A Norwest Crane Hire applied to the Fair Work Commission for approval of the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2019. The applicants were represented by Mr. J. M. O’Keefe, SC, and the respondents by Ms. R. J. H. Jackson, both acting on behalf of their respective organisations. The primary nature of the dispute was whether the enterprise agreement in question met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fair and appropriate, taking into account the balance of interests between employees and the employer, and whether it provided for adequate minimum terms and conditions.

The legal issues before the Commission included whether the agreement fairly reflected the bargaining power of the parties, whether it contained appropriate dispute resolution mechanisms, and whether it was free from any discriminatory provisions. Additionally, the Commission had to consider if the agreement satisfied the mandatory requirements set out in the Fair Work Act, such as provisions for minimum wages, leave entitlements, and other essential employment conditions. The Commission's role was to ensure that the agreement was not only fair in terms of the balance of power between the parties but also compliant with statutory obligations.

In delivering its decision, the Commission found that the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2019 did meet the necessary criteria for approval. The agreement was deemed to be fair and appropriate, reflecting a balanced consideration of the interests of both the employer and the employees. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other essential employment conditions, and that it provided for adequate mechanisms for dispute resolution. The agreement was also found to be free from any discriminatory provisions, ensuring compliance with the Fair Work Act.

As a result, the Commission approved the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2019. This approval ensures that the agreement will serve as the basis for employment conditions between Norwest Crane Hire #2 Pty Ltd and its employees, providing a framework for fair and compliant industrial relations within the organisation.

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