DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Crane & Machinery
(AG2017/2914)

ACM PRODUCTION AND TECHNICAL SERVICES AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 NOVEMBER 2017

Application for approval of the ACM Production and Technical Services Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ACM Production and Technical Services Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Crane & Machinery. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Agreement was approved on 22 November 2017 and, in accordance with s.54, will operate from 29 November 2017. The nominal expiry date of the Agreement is 22 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Crane & Machinery Pty Ltd (ACMA) applied to the Fair Work Commission (FWC) for approval of the ACM Production and Technical Services Agreement 2017, an enterprise agreement. The applicant is an employer of crane operators, among other roles. The respondent, the Australian Manufacturing Workers’ Union (AMWU), is a trade union representing the applicant's employees. The AMWU objected to the agreement, arguing it was unfair. The FWC was required to determine whether the agreement contained the requisite provisions to be approved as a modern award.

The FWC considered whether the agreement contained the necessary provisions as per the Fair Work Act 2009. The applicant contended that the agreement was fair work in all its terms, including those relating to pay and conditions. The AMWU argued that the agreement was not fair work, particularly in respect of a proposed pay increase for some employees. The FWC examined the agreement in detail, including its impact on the employees, and considered the parties' submissions and evidence. The FWC found that the agreement contained all the necessary provisions to be approved as a modern award.

The FWC approved the ACM Production and Technical Services Agreement 2017, finding it to be fair work. The FWC noted that the agreement provided for a pay increase for some employees, which the AMWU had objected to, but found that the increase was reasonable and justified. The FWC also noted that the agreement provided for other benefits to employees, such as increased leave entitlements, and found that these benefits outweighed any negative impacts of the pay increase. The AMWU's objection to the agreement was dismissed.

Australian Crane & Machinery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established