Sherrin Hire Pty Ltd T/A Boom Sherrin

[2013] FWCA 513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sherrin Hire Pty Ltd T/A Boom Sherrin
(AG2012/13133)

BOOM SHERRIN TASMANIAN TRAVEL TOWER OPERATORS ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 22 JANUARY 2013

Application for approval of the Boom Sherrin Tasmanian Travel Tower Operators Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Boom Sherrin Tasmanian Travel Tower Operators Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Sherrin Hire Pty Ltd T/A Boom Sherrin. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 29 January 2013. The nominal expiry date of the Agreement is 28 January 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Sherrin Hire Pty Ltd, trading as Boom Sherrin, applied for the approval of the Boom Sherrin Tasmanian Travel Tower Operators Enterprise Agreement 2012-2015 before the Fair Work Commission. The application was contested by the Australian Manufacturing Workers' Union (AMWU). The nature of the dispute was primarily about the terms and conditions of employment for travel tower operators in Tasmania, covering aspects such as wages, hours of work, leave entitlements, and other employment-related provisions. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission needed to address included whether the agreement provided for a fair and efficient workplace, whether it complied with the requirements of the Fair Work Act, and whether it adhered to the principles of good faith bargaining and procedural fairness. The AMWU argued that the proposed agreement did not sufficiently protect the employees' interests and that certain provisions were unfair or unreasonable. Boom Sherrin, on the other hand, contended that the agreement was fair, reasonable, and in the best interests of the employees.

The Fair Work Commission, after considering the submissions from both parties, determined that the proposed agreement was fair and reasonable in all its terms. The Commission found that the agreement met the criteria for approval under the Fair Work Act, including provisions for minimum rates of pay, overtime, penalties for exceeding ordinary hours, and adequate leave entitlements. The Commission also found that the agreement was the product of good faith bargaining and procedural fairness. Therefore, the Fair Work Commission approved the Boom Sherrin Tasmanian Travel Tower Operators Enterprise Agreement 2012-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established