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

Annexure A

CaseChat Overview and Summary

Cranecorp Australia Pty Ltd recently sought approval for its 2021 Mid-West of Western Australia Enterprise Agreement from the Fair Work Commission (FWC). The company applied under section 231 of the Fair Work Act 2009, aiming to have the agreement recognised as a registered agreement, thus binding upon all parties covered by it. The applicants included Cranecorp Australia Pty Ltd and various unions representing employees within the agreement's scope. The primary dispute centred around whether the agreement complied with the statutory requirements and whether it had been genuinely negotiated between the parties.

The legal issues before the Commission involved assessing whether the agreement met the criteria for registration as stipulated by the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was genuinely negotiated, whether it included appropriate dispute resolution mechanisms, and if it complied with the provisions regarding the terms and conditions of employment. Additionally, the FWC examined if the agreement adhered to the requirements for minimum entitlements and if it contained any unfair provisions that could be deemed unlawful.

The Fair Work Commission found that the agreement met the necessary statutory criteria for registration. The FWC was satisfied that the agreement had been genuinely negotiated between the parties, as evidenced by the participation of relevant unions and the company. The Commission also confirmed that the agreement included appropriate dispute resolution mechanisms and complied with the Fair Work Act's provisions concerning minimum employment standards. Furthermore, the FWC determined that no terms of the agreement were unfair, thus upholding the agreement’s validity. Consequently, the Commission approved the application and registered the agreement.

The FWC's final orders included the approval and registration of the Cranecorp Australia 2021 Mid-West of Western Australia Enterprise Agreement, effective from the date of registration. The agreement, now a registered agreement, binds all parties covered by it and will govern the employment terms and conditions of the employees involved.

Cranecorp Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established