DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pinjarra Crane and Access Hire Pty Ltd
(AG2015/4506)

PINJARRA CRANE AND ACCESS HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 SEPTEMBER 2015

Application for approval of the Pinjarra Crane and Access Hire Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pinjarra Crane and Access Hire 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 Pinjarra Crane and Access Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. 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.

[4] 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.

[5] The Agreement was approved on 16 September 2015 and, in accordance with s.54, will operate from 23 September 2015. The nominal expiry date of the Agreement is
16 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Pinjarra Crane and Access Hire Pty Ltd, a company in the crane and access hire industry, brought an application for the approval of the Pinjarra Crane and Access Hire Pty Ltd Enterprise Agreement 2015 before the Fair Work Commission. The application sought the approval of an enterprise agreement that was intended to regulate the terms and conditions of employment for employees within the company. The agreement was negotiated between the employer and the union, which represented the employees.

The primary legal issue before the Commission was whether the terms of the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it had been genuinely negotiated and certified by the relevant union or a majority of the employees in accordance with the Act. Furthermore, the Commission had to consider if the agreement complied with the provisions of the Act regarding minimum entitlements and other matters.

In examining the agreement, the Commission found that it provided for fair and reasonable terms and conditions of employment, taking into account the specific nature of the industry and the bargaining power of the parties. The Commission was satisfied that the agreement had been genuinely negotiated, as evidenced by the submissions and the process outlined by the parties. Additionally, the Commission determined that the agreement complied with the minimum entitlements required by the Act and did not disadvantage the employees. Based on these findings, the Commission approved the enterprise agreement, recognising that it met the statutory requirements for approval.

As a result of the Commission's decision, the Pinjarra Crane and Access Hire Pty Ltd Enterprise Agreement 2015 was approved, and the terms and conditions of employment for the employees covered by the agreement were regulated by its provisions. The final orders of the Commission mandated that the agreement be registered with the Fair Work Commission and that it would have effect from the date of approval.

Pinjarra Crane and Access 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