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

1 [2018] FWCFB 7501 at [65], [66] and [68]

2 see PR727253

CaseChat Overview and Summary

FG Cranes Pty Ltd recently had its Enterprise Agreement 2018 reviewed by the Fair Work Commission. The company sought approval for the agreement, which governs the terms and conditions of employment for its employees. The legal dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court had to determine if the agreement was fair and reasonable, and if it contained the necessary provisions for employee representation and dispute resolution. Additionally, the court considered whether the agreement complied with the applicable provisions of the Fair Work Act and relevant industrial instruments. The primary focus was on assessing the fairness and reasonableness of the agreement, given the specific employment context of FG Cranes Pty Ltd.

The Fair Work Commission found that the Enterprise Agreement 2018 was fair and reasonable, and it contained the necessary provisions for employee representation and dispute resolution. The agreement was deemed to comply with the Fair Work Act and relevant industrial instruments. The Commission approved the agreement, noting the parties' efforts to reach a consensus and the fairness of the terms. The decision highlights the importance of thorough negotiation and consideration of the specific employment context when drafting an enterprise agreement.

The Fair Work Commission approved the FG Cranes Pty Ltd Enterprise Agreement 2018, recognising the agreement as fair and reasonable. The Commission's decision underscores the importance of properly negotiated agreements that consider the specific employment context and comply with the Fair Work Act and relevant industrial instruments.

FG Cranes 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