FG Cranes Pty Ltd
[2021] FWCA 710
•2 MARCH 2021
| [2021] FWCA 710 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
FG Cranes Pty Ltd
(AG2021/112)
FG CRANES PTY LTD ENTERPRISE AGREEMENT 2018
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 2 MARCH 2021 |
Application for approval of the FG Cranes Pty Ltd Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the FG Cranes Pty Ltd Enterprise Agreement 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by FG Cranes Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] I observe that the following provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2.1 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:
• Clause 5.8 of the Agreement, which provides that an employee’s employment may be terminated during their probationary period with one day’s notice; and
• Clause 25.6 of the Agreement, which provides that the Employer and a majority of the affected employees may agree to substitute another day for a public holiday.
[3] Consistent with the decision in The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd, 1 the published Agreement reflects the version of the Agreement ‘as made.’2
[4] 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.
[5] The Agreement is approved and in accordance with s 54 of the Act will operate from 9 March 2021. The nominal expiry date of the Agreement is 2 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE510386 PR726869>
1 [2018] FWCFB 7501 at [65], [66] and [68]
2 see PR727253
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