DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davies Cranes Pty Ltd T/A Davies Cranes
(AG2020/1845)

DAVIES CRANES PTY LTD EMPLOYEE COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2020

Application for approval of the Davies Cranes Pty Ltd Employee Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Davies Cranes Pty Ltd Employee Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davies Cranes Pty Ltd T/A Davies Cranes. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2020. The nominal expiry date of the Agreement is 25 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Davies Cranes Pty Ltd, trading as Davies Cranes, and the relevant industrial body, who were seeking approval of the Employee Collective Agreement. The dispute centred around the specifics of the proposed agreement and whether it complied with the applicable industrial legislation. The case was heard in the Fair Work Commission.

The key legal issues that the Commission had to address were whether the terms of the Employee Collective Agreement were consistent with the relevant provisions of the Fair Work Act 2009, and if the agreement met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. The Commission also needed to determine if the agreement adequately represented the interests of the employees and whether it complied with the relevant industrial awards and regulations.

The Commission carefully reviewed the proposed agreement and considered the submissions made by both parties. It found that the agreement was largely consistent with the statutory provisions and represented the interests of the employees. The Commission was satisfied that the agreement complied with the relevant industrial awards and regulations, and therefore approved the Employee Collective Agreement.

The Fair Work Commission approved the Employee Collective Agreement between Davies Cranes Pty Ltd and its employees, effective from the date of the decision. The agreement was found to be compliant with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and adequately represented the interests of the employees. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be implemented in accordance with the relevant industrial laws.

Davies Cranes Pty Ltd T/A Davies Cranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established