Big Hill Cranes Pty Ltd Summary

[2022] FWCA 200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Big Hill Cranes Pty Ltd

(AG2021/8681)

Big Hill Cranes Pty Ltd Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 24 JANUARY 2022

Application for approval of the Big Hill Cranes Pty Ltd Enterprise Agreement 2021.

Big Hill Cranes Pty Ltd (the Employer) has made an application for the approval of the Big Hill Cranes Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2022. The nominal expiry date of the Agreement is 24 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Big Hill Cranes Pty Ltd, sought approval of their Enterprise Agreement 2021 from the Fair Work Commission. The respondent, the Transport Workers Union of Australia, objected to the approval, arguing that the agreement contained terms that were not fair and reasonable in all respects. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement 2021 were fair and reasonable. The Commission needed to assess whether the agreement met the criteria set out in section 232 of the Fair Work Act 2009. This involved considering the balance of interests between the parties, the nature of the enterprise, and the overall impact of the agreement on the employees.

The Commission found that the Enterprise Agreement 2021 was fair and reasonable. It concluded that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement had been negotiated in good faith and was reflective of the specific needs and circumstances of the enterprise. Consequently, the application for approval was granted.

The Fair Work Commission approved the Big Hill Cranes Pty Ltd Enterprise Agreement 2021, subject to the terms and conditions outlined in the agreement. The Commission's decision was based on the finding that the agreement met the criteria for fairness and reasonableness, and that it provided for appropriate protections for employees. The approval allows the agreement to be registered and enforceable under the Fair Work Act 2009.

Big Hill Cranes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established