Demag Cranes and Components Pty Ltd

[2014] FWCA 8141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Demag Cranes and Components Pty Ltd
(AG2014/9693)

TEREX MATERIAL HANDLING BRISBANE ENTERPRISE AGREEMENT 2014 - 2016

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the Terex Material Handling Brisbane Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Terex Material Handling Brisbane Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Demag Cranes and Components Pty Ltd (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking 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 24 November 2014. The nominal expiry date of the Agreement is 31 March 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Demag Cranes and Components Pty Ltd lodged an application for the approval of the Terex Material Handling Brisbane Enterprise Agreement 2014-2016. The application was contested by the Construction, Forestry, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The central dispute revolved around whether the enterprise agreement contained terms that were inconsistent with the National Employment Standards and other minimum entitlements.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, whether it contained provisions that were contrary to the Fair Work Act, and whether it met the standards of procedural fairness. The Commission had to consider the bargaining process, the content of the agreement, and its compliance with statutory requirements. Additionally, the Commission examined whether the agreement adequately provided for the rights and entitlements of employees, including minimum wages, leave entitlements, and dispute resolution mechanisms.

After reviewing the evidence and submissions, the Commission concluded that the enterprise agreement was not in breach of the Fair Work Act. The Commission found that the agreement had been genuinely negotiated and contained provisions that were consistent with the National Employment Standards. The CFMEU's objections were largely centred on the interpretation of certain clauses, which the Commission determined did not contravene the statutory requirements. As a result, the Commission approved the Terex Material Handling Brisbane Enterprise Agreement 2014-2016.

The Fair Work Commission approved the Terex Material Handling Brisbane Enterprise Agreement 2014-2016, rejecting the objections raised by the CFMEU. The Commission's decision was based on the evidence that the agreement had been genuinely negotiated, contained provisions consistent with the Fair Work Act, and met the statutory requirements for approval. The Commission's final orders included the approval of the enterprise agreement and a declaration that it would be registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established