Norwest Crane Hire #2 T/A Norwest Crane Hire Summary

[2022] FWCA 3208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Norwest Crane Hire #2 T/A Norwest Crane Hire

(AG2022/3387)

Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2022

Mining industry
COMMISSIONER SCHNEIDER	PERTH, 14 SEPTEMBER 2022

Application for approval of the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2022

Norwest Crane Hire #2 T/A Norwest Crane Hire has made an application for the approval of an enterprise agreement known as the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made in the Fair Work Commission (the Commission) under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Commission sought information on several aspects of the Agreement. The Applicant provided responses to the Commission’s questions. Consequently, the application was the subject of a conference on 12 September 2022. The conference was attended by a representative from the Applicant and an employee bargaining representative for the Agreement. In the conference, the parties provided further clarification on the issue raised. The Applicant and the bargaining representative both provided an explanation and clarification in response. Having conducted the conference, which resulted in the parties addressing the concerns the Commission raised, I am now satisfied the Agreement should be approved.

On the basis the material contained in the application, discussions in the conference, and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 14 September 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Norwest Crane Hire #2 T/A Norwest Crane Hire, the Fair Work Commission was presented with an application for the approval of the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2022. The applicant, representing the employer, sought approval for the agreement which was to be applicable to employees engaged in the crane hire industry in New South Wales. The dispute centred around the terms and conditions outlined in the proposed agreement, with particular attention to whether they complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. This included an assessment of whether the agreement provided for the terms and conditions of employment in a manner that was procedurally and substantively compliant with the Act. The Commission had to consider whether the agreement was genuinely negotiated, whether it provided for the minimum terms and conditions as set out in the relevant award, and whether it met the good faith bargaining requirements. Additionally, the Commission had to evaluate whether the agreement was likely to lead to improved workplace relations and whether it was in the best interest of the employees involved.

The Fair Work Commission found that the proposed enterprise agreement was genuinely negotiated between the employer and the employee representatives. It was determined that the agreement met the requirements of the Fair Work Act, providing for the minimum terms and conditions as outlined in the relevant award and adhering to the good faith bargaining provisions. The Commission was satisfied that the agreement was likely to lead to improved workplace relations and was in the best interests of the employees. Consequently, the Commission approved the Norwest Crane Hire #2 Pty Ltd Enterprise Agreement 2022. The approval was made effective from the date of the decision, ensuring that the agreement would govern the employment terms and conditions of the employees as intended.

Norwest Crane Hire #2 T/A Norwest Crane Hire

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established