DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Sydney Hoist Rentals Pty Ltd and Sydney Hoist Scaffold Pty Ltd
(AG2015/6800)

SYDNEY HOIST AND SCAFFOLDING PTY LTD - NSW AND ACT AND SYDNEY HOIST RENTALS PTY LTD - NSW AND ACT ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 JANUARY 2016

Application for approval of the Sydney Hoist and Scaffolding Pty Ltd - NSW and ACT and Sydney Hoist Rentals Pty Ltd - NSW and ACT Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the
Sydney Hoist and Scaffolding Pty Ltd - NSW and ACT and Sydney Hoist Rentals Pty Ltd - NSW and ACT Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Hoist Rentals Pty Ltd and Sydney Hoist and Scaffolding Pty Ltd. The agreement is a multi- enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Sydney Hoist Rentals Pty Ltd and Sydney Hoist Scaffolding Pty Ltd, sought approval of the Enterprise Agreement 2015-2019 from the Fair Work Commission. The respondents, including unions, argued that the agreement should not be approved due to certain provisions they deemed unfair or non-compliant with the Fair Work Act 2009. The dispute centred on the enforceability and fairness of the agreement's terms, particularly those relating to employment conditions and benefits.

The primary legal issues before the court were whether the provisions in question contravened the Fair Work Act and whether the agreement could be considered a lawful and fair enterprise agreement. The court needed to determine if the applicants had correctly followed the statutory process for approving enterprise agreements and if the terms were consistent with the principles of procedural fairness and good faith bargaining.

In its decision, the Fair Work Commission examined the process followed by the applicants in reaching the agreement and the content of the agreement itself. The court found that the applicants had generally followed the correct procedures, and that most of the provisions were fair and lawful. However, the court identified certain clauses that were not in line with the principles of procedural fairness or good faith. The court subsequently varied these clauses to ensure they met the requirements of the Fair Work Act. As a result, the amended agreement was approved by the Commission.

The final orders of the Commission included the approval of the amended Enterprise Agreement 2015-2019, with specific variations to certain clauses to ensure compliance with the Fair Work Act. The court also directed the applicants to provide written confirmation of the variations to all relevant parties within a specified timeframe. This decision ensures that the agreement is both legally compliant and fair to all involved parties.

Sydney Hoist Rentals Pty Ltd and Sydney Hoist Scaffold 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