Cranecrew Logistics Pty Ltd Summary

[2022] FWCA 4223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cranecrew Logistics Pty Ltd

(AG2022/4707)

Cranecrew Logistics Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 1 DECEMBER 2022

Application for approval of the Cranecrew Logistics Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Cranecrew Logistics Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

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.

I observe that the provisions of the Agreement at clause 23.8 concerning public holidays and at clauses 24.1.4 and 24.5.1 concerning deductions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2022. The nominal expiry date of the Agreement is 1 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cranecrew Logistics Pty Ltd, sought approval of the Cranecrew Logistics Enterprise Agreement 2022 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues centred on whether the agreement provided for the fair and reasonable terms and conditions of employment as required by section 234 of the Act. This involved assessing whether the agreement complied with the "better off overall test" and the "no disbenefit test", and whether the agreement contained appropriate dispute resolution mechanisms. Additionally, the court examined whether the agreement had been genuinely agreed upon by the parties and whether it was consistent with the national workplace relations system.

In its decision, the Commission found that the agreement did not adequately address certain provisions concerning penalty rates and shift differentials, which were central to the employees' terms and conditions. The Commission noted that while the agreement contained most of the necessary provisions, the deficiencies in these critical areas meant that the agreement did not meet the statutory requirements for approval. The court also highlighted the importance of ensuring that employees are not disadvantaged by the terms of the agreement, particularly in relation to pay and conditions that are fundamental to their employment.

The Fair Work Commission did not approve the agreement as it did not meet the statutory requirements for fair and reasonable terms and conditions of employment. The Commission directed that the applicant take steps to amend the agreement to address the deficiencies and resubmit it for approval.

Cranecrew Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established