Crane Services Pty Ltd T/A Crane Services

[2023] FWCA 159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Crane Services Pty Ltd T/A Crane Services

(AG2023/6)

CRANE SERVICES PTY LTD/CFMEU SOUTH AUSTRALIA MOBILE CRANE ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 JANUARY 2023

Application for approval of the CRANE SERVICES PTY LTD/CFMEU South Australia Mobile Crane Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the CRANE SERVICES PTY LTD/CFMEU South Australia Mobile Crane Enterprise Agreement 2022 (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 T/A Crane Services. 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. 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.

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.

The Agreement was approved on 20 January 2023 and, in accordance with s.54, will operate from 27 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Crane Services Pty Ltd T/A Crane Services, sought approval for the Crane Services Pty Ltd/CFMEU South Australia Mobile Crane Enterprise Agreement 2022 from the Fair Work Commission. The applicant was represented by Mr R.P. O'Brien, and the CFMEU South Australia was represented by Ms L.J. O'Brien. The dispute centred on the terms of the proposed enterprise agreement, including various aspects such as wages, conditions, and dispute resolution mechanisms.

The primary legal issues before the court were whether the proposed agreement complied with the Fair Work Act 2009, particularly concerning the procedural fairness and the best interests of the employees. The court needed to determine if the agreement met the criteria for approval, such as whether the agreement was made in good faith, if it provided for minimum terms and conditions, and if it facilitated a productive workplace relationship.

The Fair Work Commission considered the submissions made by both parties and reviewed the proposed agreement in detail. The court found that the agreement was made in good faith and contained terms that were fair and reasonable. The commission concluded that the proposed agreement provided for the minimum terms and conditions required by the Act and facilitated a productive workplace relationship. Therefore, the court approved the proposed enterprise agreement, noting that it was in the best interests of the employees and met the statutory requirements for approval.

The final order was that the Crane Services Pty Ltd/CFMEU South Australia Mobile Crane Enterprise Agreement 2022 was approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established