FG Cranes Pty Ltd

In the matter of FG Cranes Pty Ltd, the Fair Work Commission was tasked with the decision of whether to approve a single-enterprise agreement. FG Cranes Pty Ltd, the applicant, sought approval of an enterprise agreement which had been negotiated with the Maritime Union of Australia. The nature of the dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to section 185 which pertains to the approval of such agreements.

The legal issues before the Commission included whether the agreement met the criteria for being a single-enterprise agreement, the fairness test as outlined in the Fair Work Act, and whether the agreement provided for appropriate mechanisms for dispute resolution. The Commission had to determine whether the agreement was genuinely negotiated, provided for adequate terms and conditions for the employees, and did not contain any provisions that were contrary to public policy or contrary to any other relevant law.

The Commission found that the proposed agreement was a genuine single-enterprise agreement, having been negotiated in good faith and meeting the requirements of the Act. The agreement provided for reasonable terms and conditions for employees and contained provisions for dispute resolution. The Commission determined that the agreement did not contain any provisions that would be contrary to public policy or other relevant law. Consequently, the Commission approved the agreement under section 185 of the Fair Work Act. The final orders were that the enterprise agreement proposed by FG Cranes Pty Ltd and the Maritime Union of Australia be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JUNE 2014