DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranes Combined Pty Ltd
(AG2017/4077)

CRANES COMBINED PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2017 -2020

Tasmania
COMMISSIONER WILSON	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the Cranes Combined Pty Ltd and CFMEU Enterprise Agreement 2017 -2020.

[1] An application has been made for approval of an enterprise agreement known as the Cranes Combined Pty Ltd and CFMEU Enterprise Agreement 2017 -2020 (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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2017. The nominal expiry date of the Agreement is 25 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Cranes Combined Pty Ltd sought approval for the Cranes Combined Pty Ltd and CFMEU Enterprise Agreement 2017-2020. The application was lodged with the Fair Work Commission (FWC) and was contested by certain employees of the company. The primary dispute centred on the terms and conditions outlined in the proposed agreement, particularly those relating to employee entitlements and workplace practices.

The legal issues before the FWC encompassed whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included whether the agreement contained the necessary minimum terms and conditions, whether it provided for a fair and efficient workplace, and if it allowed for appropriate dispute resolution mechanisms. The FWC also needed to determine if the agreement had been genuinely negotiated and if it was in the best interest of the employees and the employer.

The FWC carefully examined the contents of the proposed agreement and the negotiation process. It found that the agreement contained all the prescribed minimum terms and conditions and provided for a fair and efficient workplace. The FWC also determined that the dispute resolution mechanisms were appropriate and that the agreement had been genuinely negotiated. Given these findings, the FWC approved the proposed agreement, highlighting its balanced approach in meeting the needs of both employees and the employer.

The Fair Work Commission approved the Cranes Combined Pty Ltd and CFMEU Enterprise Agreement 2017-2020, finding it to meet all statutory requirements and to be in the best interest of both parties.

Cranes Combined 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