Crane Services Pty Ltd T/A Crane Services

Case

[2023] FWCA 159

20 JANUARY 2023


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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

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