Fleurieu Cranes Pty Ltd

[2014] FWCA 7654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fleurieu Cranes Pty Ltd
(AG2014/9539)

FLEURIEU CRANES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 30 OCTOBER 2014

Application for approval of the Fleurieu Cranes Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fleurieu Cranes Pty Ltd Enterprise Agreement 2014 (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] 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 Construction, Forestry, Mining and Energy Union (CFMEU), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2014. The nominal expiry date of the Agreement is 6 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fleurieu Cranes Pty Ltd recently sought approval for their Enterprise Agreement 2014 in the Fair Work Commission. The enterprise agreement in question was intended to cover employees classified as mobile plant operators. The application was brought forth by the employer, Fleurieu Cranes Pty Ltd, to ensure that the proposed terms and conditions of employment were compliant with the relevant legislative framework.

The primary legal issues the Commission was required to decide upon were whether the proposed agreement met the statutory requirements set forth in the Fair Work Act 2009 and whether it adhered to the 'better off overall test'. This test assesses whether employees would be better off with the proposed agreement than under the applicable award or safety net. The Commission also needed to determine if the agreement was fairly negotiated and if it contained all necessary minimum terms and conditions.

In its decision, the Commission found that the proposed enterprise agreement largely met the statutory requirements. The agreement was deemed to be fairly negotiated, and the terms were considered to be in line with the 'better off overall test'. The Commission concluded that employees would benefit from the proposed conditions, which included provisions for pay rates, leave entitlements, and other employment terms. However, the Commission did require some minor amendments to ensure full compliance with the Fair Work Act. After these adjustments were made, the Commission approved the enterprise agreement, finding it to be fair and meeting all legislative requirements.

The final orders of the Commission included the approval of the enterprise agreement, subject to the minor amendments specified in the decision. The agreement was to be registered and would come into effect as per the terms outlined in the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established