DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Crane Hire Pty Ltd
(AG2014/11001)

UNITED CRANE HIRE PTY LTD & CFMEU (WA) CRANE OPERATORS (HAZELMERE/BUNBURY/COLLIE) ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 JANUARY 2015

Application for approval of the United Crane Hire Pty Ltd & CFMEU (WA) Crane Operators (Hazelmere/Bunbury/Collie) Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Crane Hire Pty Ltd & CFMEU (WA) Crane Operators (Hazelmere/Bunbury/Collie) Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Crane Hire Pty Ltd. 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 20 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Crane Hire Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement between itself and the Construction, Forestry, Maritime, Mining and Energy Union (WA) Crane Operators (Hazelmere/Bunbury/Collie). The union represented the employees of the applicant company. The applicants sought approval of the agreement, which had been negotiated in good faith and which provided for the resolution of all genuine issues between the parties. The applicant employer argued that the agreement contained appropriate provisions for the protection of the employees and that it was in the best interests of the employees.

The legal issues before the Commission related to the content of the agreement, its negotiation, and its compliance with the relevant provisions of the Fair Work Act. The Commission considered whether the agreement was in the best interests of the employees, whether it had been negotiated in good faith, and whether it complied with the requirements of the Fair Work Act. The Commission also considered whether the agreement contained appropriate provisions for the protection of the employees and whether it provided for the resolution of all genuine issues between the parties.

The Commission found that the agreement was in the best interests of the employees and that it had been negotiated in good faith. The Commission also found that the agreement complied with the requirements of the Fair Work Act and that it contained appropriate provisions for the protection of the employees. The Commission was satisfied that the agreement provided for the resolution of all genuine issues between the parties and that it was an appropriate agreement to be approved. The Commission approved the agreement, finding that it met the necessary criteria and was in the best interests of the employees.

The Commission approved the Enterprise Agreement between United Crane Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA) Crane Operators (Hazelmere/Bunbury/Collie) for the period 2014 to 2018.

United Crane 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