Cranes Combined Pty Ltd

[2024] FWCA 1394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cranes Combined Pty Ltd

(AG2024/1064)

CRANES COMBINED PTY LTD AND CFMEU MOBILE CRANE HIRE SOUTHERN TASMANIAN ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 18 APRIL 2024

Application for approval of the Cranes Combined Pty Ltd and CFMEU Mobile Crane Hire Southern Tasmanian Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cranes Combined Pty Ltd and CFMEU Mobile Crane Hire Southern Tasmanian Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranes Combined Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 27 February 2024 and the Agreement was made on 22 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are 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, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees 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 25 April 2024. The nominal expiry date of the Agreement is 25 February 2026.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Cranes Combined Pty Ltd and CFMEU Mobile Crane Hire Southern Tasmanian Enterprise Agreement 2024. The application was heard in the Fair Work Commission (FWC), the primary body responsible for regulating workplace relations in Australia. The crux of the dispute is whether the proposed enterprise agreement meets the legal standards for approval as set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it contained all the mandated terms and conditions, and whether it provided fair and reasonable protections for employees. Additionally, the Commission had to assess whether the agreement complied with the requirements for avoiding industrial action, ensuring no unfair dismissals, and meeting the "better off overall test". The Commission also needed to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission, after considering the submissions and evidence from both parties, found that the proposed agreement was genuinely negotiated and contained all necessary mandated terms and conditions. The Commission held that the agreement provided fair and reasonable protections for employees and adequately balanced the interests of both parties. The Commission also found that the agreement met the "better off overall test" and would not result in any unfair dismissals. Consequently, the Commission approved the agreement, recognising its compliance with all statutory requirements and its potential to foster a stable and productive industrial relationship.

The final orders of the Commission were to approve the Cranes Combined Pty Ltd and CFMEU Mobile Crane Hire Southern Tasmanian Enterprise Agreement 2024, which is now legally binding on both the employer and the employees covered by the agreement. The approval ensures that the agreement will provide a fair and reasonable framework for the employment conditions of the workers in the specified industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established