CraneCorp Australia Pty Ltd

[2019] FWCA 3582

[2019] FWCA 3582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CraneCorp Australia Pty Ltd
(AG2019/24)

CRANECORP AUSTRALIA PERTH METRO 2018 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 MAY 2019

Application for approval of the CraneCorp Australia Perth Metro 2018 Enterprise Agreement.

[1] CraneCorp Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the CraneCorp Australia Perth Metro 2018 Enterprise Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The Applicant provided the Commission with an amended Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which corrected a typographical contained in the original Form F17. This amended Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the amended Form F17, and that it is appropriate to do so pursuant to s 586.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement was approved on 24 May 2019 and, in accordance with s 54, will operate from 31 May 2019. The nominal expiry date of the Agreement is 23 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503590  PR708637>

Annexure A