DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cairns Steel Construction Pty Ltd T/A Century Cranes
(AG2020/3281)

CAIRNS STEEL CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 13 NOVEMBER 2020

Application for approval of the Cairns Steel Construction Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Steel Construction Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cairns Steel Construction Pty Ltd T/A Century Cranes (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 November 2020.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cairns Steel Construction Pty Ltd trading as Century Cranes, sought approval of the Cairns Steel Construction Pty Ltd Enterprise Agreement 2020. The applicant submitted that the agreement had been fairly negotiated and met the statutory requirements for approval under the Fair Work Act 2009. The respondent, the Fair Work Commission, was required to determine whether the agreement complied with the legislative criteria for approval.

The central legal issue was whether the agreement had been genuinely negotiated, as required by section 233 of the Fair Work Act. The respondent raised concerns that the agreement did not meet the statutory requirements due to alleged procedural irregularities during the negotiation process. The court had to assess the evidence provided by both parties and determine whether the agreement was the product of genuine negotiation, considering all relevant factors, including the negotiation process and the substance of the agreement.

The Fair Work Commission found that the negotiation process did not adhere to the statutory requirements set out in the Fair Work Act. Despite this, the Commission concluded that the agreement met the statutory requirements for approval. The Commission considered that the irregularities did not significantly impact the fairness of the negotiation process or the content of the agreement. Therefore, the application for approval of the Cairns Steel Construction Pty Ltd Enterprise Agreement 2020 was successful.

The Fair Work Commission approved the application, determining that the Cairns Steel Construction Pty Ltd Enterprise Agreement 2020 was compliant with the statutory requirements for genuine negotiation. The Commission ordered that the agreement be approved and registered under the Fair Work Act. The decision provided clarity on the application of the statutory requirements for genuine negotiation and highlighted the importance of procedural compliance in the negotiation process.

Cairns Steel Construction Pty Ltd T/A Century Cranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established