DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Super Rain Pty Ltd T/A Cranes and Rigging
(AG2016/6079)

SUPER RAIN PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Australian Capital Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the SUPER RAIN Pty Ltd and Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the SUPER RAIN Pty Ltd and Employees Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Super Rain Pty Ltd T/A Cranes and Rigging. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 8 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

Super Rain Pty Ltd, trading as Cranes and Rigging, sought approval for their Enterprise Agreement 2016-2020. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they comply with relevant labour laws. The nature of the dispute involved the terms and conditions of employment outlined in the proposed agreement, specifically regarding pay rates, leave entitlements, and working hours.

The legal issues the court had to address revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009. This included determining if the agreement was free and independent of any undue influence, whether it provided for a fair safety net of minimum wages and conditions, and if it contained provisions that were contrary to public policy or were otherwise unlawful. The court also needed to consider whether the agreement provided for a proper process for the resolution of disputes.

The Fair Work Commission carefully examined the agreement, taking into account submissions from both Super Rain Pty Ltd and the employees' representatives. The Commission found that the agreement did not meet the statutory requirements, particularly because it did not provide for adequate minimum wage rates for certain classifications of employees. Additionally, some provisions were deemed to be contrary to public policy. Consequently, the Commission refused to approve the agreement. The decision emphasised the importance of ensuring that enterprise agreements provide fair terms and conditions of employment that comply with the law and protect the rights of employees. The court's decision was final and binding, with no provision for further appeal within the Commission.

Super Rain Pty Ltd T/A Cranes and Rigging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established