DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fleurieu Cranes Pty Ltd
(AG2018/7320)

FLEURIEU CRANES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 APRIL 2019

Application for approval of the Fleurieu Cranes Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fleurieu Cranes Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fleurieu Cranes Pty Ltd. 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.

[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] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2019. The nominal expiry date of the Agreement is 6 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Fleurieu Cranes Pty Ltd sought approval for the 2018 Enterprise Agreement. The respondents, represented by the Maritime Union of Australia, contested the terms of the agreement. The central dispute centred on the fairness and applicability of various clauses within the proposed agreement.

The legal issues at hand required the Commission to determine whether the agreement was genuinely bargained for, free from coercion and undue influence, and whether it met the standards of procedural and substantive fairness. The Commission also had to consider if the agreement provided for fair and reasonable terms and conditions of employment.

The Commission deliberated on the evidence provided and assessed the bargaining process. It found that the agreement was genuinely negotiated and not the result of coercion or undue influence. The Commission noted the procedural fairness of the process and found that the substantive terms were reasonable and in line with industry standards. Consequently, the Commission approved the agreement, finding it met the necessary legal requirements.

As a result, the Fair Work Commission approved the Fleurieu Cranes Pty Ltd Enterprise Agreement 2018, confirming its validity and enforceability.

Fleurieu 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