Cranecorp Australia Pty Ltd

[2021] FWCA 2012

[2021] FWCA 2012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranecorp Australia Pty Ltd
(AG2021/4086)

CRANECORP AUSTRALIA 2021 MID-WEST OF WESTERN AUSTRALIA ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 APRIL 2021

Application for approval of the Cranecorp Australia 2021 Mid-West of Western Australia Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Cranecorp Australia 2021 Mid-West of Western Australia Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranecorp Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] 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 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.

[4] The Employer advised that the notification of the vote did not occur at least 7 clear days prior to the vote commencing. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The Agreement was approved on 14 April 2021 and, in accordance with s.54, will operate from 21 April 2021. The nominal expiry date of the Agreement is 14 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511074 PR728588>

Annexure A