DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cairns Steel Construction Pty Ltd T/A Century Cranes
(AG2016/6183)

CAIRNS STEEL CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Cairns Steel Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Steel Construction Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cairns Steel Construction Pty Ltd T/As Century Cranes. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 18 October 2016 and, in accordance with s.54, will operate from 25 October 2016. The nominal expiry date of the Agreement is 25 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cairns Steel Construction Pty Ltd, trading as Century Cranes, sought approval of its 2016 Enterprise Agreement. The application came before the Fair Work Commission. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and its associated regulations. The primary legal issues were whether the agreement adequately covered minimum entitlements, the process of employee consultation, and the fairness of the agreement's terms.

The Commission examined whether the agreement provided for the minimum entitlements set out in the Act, including minimum rates of pay, leave provisions, and other benefits. It also assessed the consultation process to ensure employees had a meaningful opportunity to discuss and provide input on the agreement. The fairness of the agreement's terms was evaluated to determine if it was equitable and balanced in its treatment of both employers and employees.

After reviewing the evidence and submissions, the Commission concluded that the agreement met the statutory requirements. The agreement provided for all minimum entitlements, demonstrated a genuine consultation process, and was deemed fair and reasonable. Consequently, the Commission approved the Cairns Steel Construction Pty Ltd Enterprise Agreement 2016.

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