DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Titan Heavy Lift
(AG2014/7103)

TITAN HEAVY LIFT PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 12 DECEMBER 2014

Application for approval of the Titan Heavy Lift Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Titan Heavy Lift Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Titan Heavy Lift. 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.

[3] 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.

[4] The Agreement was approved on 12 December 2014 and, in accordance with s.54, will operate from 19 December 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Titan Heavy Lift Pty Ltd applied to the Fair Work Commission for approval of their 2014 Enterprise Agreement. The matter was heard by Deputy President Smith, who was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The crux of the legal issues centred on whether the agreement complied with the statutory provisions concerning employee consultation and whether the terms were fair and reasonable. The applicant argued that the agreement was the product of genuine consultation and that its terms were fair and reasonable. Conversely, the objectors contended that the consultation process was flawed and that certain provisions of the agreement were unfair.

In examining the consultation process, Deputy President Smith found that while the process was not perfect, it was sufficient to meet the statutory requirements. The employer had engaged in meaningful consultation with the employees and their representatives, and had made reasonable efforts to address the concerns raised during the consultation. Regarding the fairness and reasonableness of the agreement's terms, the Deputy President considered various factors, including the nature of the industry, the bargaining positions of the parties, and the terms of comparable agreements. After weighing these factors, the Deputy President concluded that the terms of the agreement were fair and reasonable.

Based on the findings, Deputy President Smith approved the agreement, finding that it complied with the relevant statutory requirements. The objectors' concerns were not sufficient to warrant refusal of the application. The Deputy President's decision was grounded in the overall fairness of the agreement and the adequacy of the consultation process. The court's approval of the agreement means that it will now form the basis of employment conditions for the relevant employees.

Titan Heavy Lift

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established