Crana Construction Services (WA) Pty Ltd Summary

[2018] FWCA 7578

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Crana Construction Services (WA) Pty Ltd

(AG2018/3660)

Crana Constructions Services Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner McKinnon	SYDNEY, 13 DECEMBER 2018

Application for approval of the Crana Constructions Services Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Crana Constructions Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crana Construction Services (WA) Pty Ltd. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2018. The nominal expiry date of the Agreement is 12 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), applied to the Fair Work Commission (FWC) for approval of the Crana Construction Services Enterprise Agreement 2018. The respondent, Crana Construction Services (WA) Pty Ltd, opposed the approval. The FWC was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement had been made in accordance with the procedural requirements under the Fair Work Act, particularly sections 172 and 173, which mandate that an enterprise agreement must be made in good faith and that the parties must have taken all reasonable steps to reach an agreement. The FWC also had to consider whether the agreement provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

In examining the evidence, the FWC found that the agreement had been made in good faith and that all reasonable steps had been taken to reach an agreement. The FWC also determined that the agreement provided fair and reasonable terms and conditions of employment for the employees. The FWC noted that the agreement included provisions for minimum rates of pay, penalty rates, leave entitlements, and other terms and conditions of employment that were consistent with industry standards. The FWC concluded that the agreement was in the best interests of the employees and approved the agreement.

The FWC approved the Crana Construction Services Enterprise Agreement 2018 and made orders accordingly. The agreement is now legally binding on the parties and their employees.

Crana Construction Services (WA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established