Billing Cranes Pty Ltd T/A Billing Cranes Pty Ltd Summary

[2024] FWCA 3100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Billing Cranes Pty Ltd T/A Billing Cranes Pty Ltd

(AG2024/3022)

BILLING CRANES PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2024

Application for approval of the Billing Cranes Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Billing Cranes Pty Ltd Enterprise Agreement 2024 (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 T/A Billing Cranes Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 26.2(c) – Arrangements for Taking Annual Leave

However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2024. The nominal expiry date of the Agreement is 2 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Billing Cranes Pty Ltd T/A Billing Cranes Pty Ltd, which sought approval of the Enterprise Agreement 2024 from the Fair Work Commission. The nature of the dispute centred on the terms and conditions of employment outlined in the proposed agreement, with various stakeholders expressing their views on its contents. The matter was brought before the Fair Work Commission, Australia's independent national workplace relations tribunal.

The legal issues the court was required to decide included whether the proposed enterprise agreement was in the interests of the employees, whether it complied with relevant legislative requirements, and if any other considerations warranted approval or rejection of the agreement. This involved scrutinising the agreement's provisions to ensure they met the statutory standards set out in the Fair Work Act 2009. The court also needed to consider the submissions made by the parties involved and any relevant precedents.

In its reasoning, the court examined the provisions of the Enterprise Agreement 2024 in detail, considering whether it was fair and reasonable for the employees. The court found that the agreement met the necessary legislative requirements and was in the best interests of the employees. It noted that the agreement provided for fair and competitive remuneration, adequate working conditions, and a reasonable balance of rights and obligations for both parties. The court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations.

Following its reasoning, the court approved the Enterprise Agreement 2024, finding it met the statutory requirements and was in the best interests of the employees. The final orders of the court granted approval for the Enterprise Agreement 2024 to be implemented, with the terms and conditions outlined within it becoming binding upon the parties. This decision ensured that Billing Cranes Pty Ltd T/A Billing Cranes Pty Ltd could proceed with the agreed employment terms, providing certainty and stability for both the employer and employees.

Billing Cranes Pty Ltd T/A Billing 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