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

Annexure A

CaseChat Overview and Summary

CraneCorp Australia Pty Ltd sought approval for the CraneCorp Australia Perth Metro 2018 Enterprise Agreement from the Fair Work Commission (FWC). The application arose from negotiations between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms and conditions of employment for the workers involved. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth). This involved ensuring the agreement did not harm the industrial relations system or the employees it covered.

The FWC examined the agreement's compliance with the Act, focusing on whether it provided fair and effective terms of employment. This included assessing if the agreement covered all necessary aspects such as minimum rates of pay, penalty rates, and other employment conditions. The FWC also considered if the agreement was made in good faith and if it was free from any improper influences. Additionally, the court needed to determine whether the agreement was likely to promote or harm the harmonious, productive, and economic development of industrial relations.

In its decision, the FWC concluded that the agreement was consistent with the provisions of the Act and did not adversely affect the industrial relations system. The FWC found that the agreement provided fair and effective terms of employment and was made in good faith without any improper influences. The court highlighted that the agreement included provisions that were beneficial to the employees, such as fair pay rates and adequate conditions. Consequently, the FWC approved the agreement, finding it to be fair and appropriate under the Act. The approval enabled CraneCorp Australia and the CFMEU to implement the agreed terms for the workers in the Perth Metro region.

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