DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranecrew Logistics Pty Ltd
(AG2017/2969)

CRANECREW LOGISTICS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Cranecrew Logistics Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cranecrew Logistics Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranecrew Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 2 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cranecrew Logistics Pty Ltd applied to the Federal Circuit and Family Court for the approval of the Cranecrew Logistics Agreement 2017. The dispute involves the approval of an enterprise agreement between the employer and its employees, specifically those classified as transport workers. The applicant, Cranecrew Logistics, sought the court's endorsement of the agreement, which aimed to regulate various employment terms and conditions for its workforce.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it provided for a fair and efficient workplace, and whether it had been appropriately certified by the Fair Work Commission. The court needed to determine if the agreement was fair and reasonable, considering the interests of both the employer and the employees.

The court examined the certification process and found that the Fair Work Commission had followed the correct procedures in certifying the agreement. It was determined that the agreement had been made in good faith and was fair and reasonable, taking into account the parties' bargaining positions and the nature of the work involved. The court was satisfied that the agreement provided for a fair and efficient workplace and that it met all the statutory requirements for approval. Consequently, the court granted the application for approval of the Cranecrew Logistics Agreement 2017.

The final orders of the court were that the Cranecrew Logistics Agreement 2017 be approved and registered, thereby making it a legally binding enterprise agreement between Cranecrew Logistics Pty Ltd and its employees. This decision ensures that the terms and conditions outlined in the agreement are enforceable and that it governs the employment relationship moving forward.

Cranecrew Logistics 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