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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CaseChat Overview and Summary

Billing Cranes Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Enterprise Agreement it had negotiated with its employees. The application was contested by the Australian Council of Trade Unions, an employee representative. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The central issue before the Commission was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the working conditions and terms of employment for the employees covered by it, and whether it complied with the procedural requirements of the Act.

The Fair Work Commission examined the Enterprise Agreement clause by clause, considering whether each provision was fair and reasonable in light of the economic and employment context. The Commission also considered the bargaining process, ensuring it complied with the procedural requirements of the Act, such as the need for genuine bargaining and the provision of relevant information. In its decision, the Commission found that the Enterprise Agreement was fair and reasonable, reflecting the terms of employment appropriate to the industry and economic context. The Commission also found that the bargaining process complied with the procedural requirements of the Act. Accordingly, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement, subject to certain conditions and reservations. These included the requirement that the employer provide certain information to employees, and the reservation of the right of the Commission to review and vary the agreement if it was found not to be fair and reasonable in the future. The employer and the employee representative were directed to provide the Commission with a copy of the approved agreement, and to take all necessary steps to give effect to it. The Commission also directed that a copy of the decision be provided to all employees covered by the agreement.

Billing Cranes 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