Billing Cranes Pty Ltd

[2021] FWCA 4424

[2021] FWCA 4424

FAIR WORK COMMISSION

DECISION

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

Billing Cranes Pty Ltd
(AG2021/6209)

BILLING CRANES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 23 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Billing Cranes Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Billing Cranes Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to the matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[1] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[1] Pursuant to s.202(4) of the Act, the model flexibility term, prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[2] Pursuant to s.203(6)(a) of the Act, any individual flexibility arrangement agreed to under a flexibility term must be able to be terminated by either the employee, or the employer, giving written notice of not more than 28 days. As the Agreement is inconsistent with s. 203(6)(a), the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 July 2024.

COMMISSIONER

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