DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crane Services Pty Ltd as Trustee for the Crane Services Trust T/A Crane Services
(AG2018/6332)

CRANE SERVICES CONSTRUCTION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 5 APRIL 2019

Application for approval of the Crane Services Construction Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Crane Services Construction 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 Crane Services Pty Ltd as Trustee for the Crane Services Trust T/A Crane Services. 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 Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 5 April 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Crane Services Pty Ltd, as trustee for the Crane Services Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute before the Fair Work Commission centred around the application for the approval of the Crane Services Construction Enterprise Agreement 2018. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The central issues for the Commission to decide were whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act.

The Commission considered the submissions from both parties and examined the agreement in detail. The employer argued that the agreement was fair and reasonable and had been made in good faith. The union contended that certain provisions were unfair and did not comply with the requirements of the Act. The Commission carefully assessed the evidence and submissions, taking into account the bargaining power of the parties, the nature of the agreement, and the overall fairness of the terms. In its decision, the Commission found that while some provisions of the agreement were fair and reasonable, certain clauses did not meet the statutory requirements. The Commission made orders to modify the agreement to ensure it complied with the Act, and it approved the agreement with the modified provisions.

The Fair Work Commission approved the Crane Services Construction Enterprise Agreement 2018, subject to the modified provisions. The modifications addressed the concerns raised by the union and ensured the agreement complied with the Fair Work Act. The Commission's decision provided clarity on the specific provisions that needed to be amended, allowing the parties to implement the necessary changes and move forward with the agreed terms and conditions.

Crane Services Pty Ltd as Trustee for the Crane Services Trust T/A Crane Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established