Global Cranes Pty Ltd

[2013] FWCA 131

FAIR WORK COMMISSION

DECISION

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

Global Cranes Pty Ltd
(AG2012/13194)

GLOBAL CRANES NEBO AND MORANBAH QLD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 JANUARY 2013

Application for approval of the Global Cranes Nebo and Moranbah QLD Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 December 2012 by Global Cranes Pty Ltd for the approval of a single-enterprise agreement known as the Global Cranes Nebo and Moranbah QLD Enterprise Agreement 2012 (“the 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Global Cranes Pty Ltd, the applicant, applied for the approval of the Global Cranes Nebo and Moranbah QLD Enterprise Agreement 2012. The respondent, the Australian Manufacturing Workers' Union, raised objections to the application on the basis that the agreement did not meet the requirements for the approval of an enterprise agreement under the Fair Work Act 2009. The Commission was required to consider whether the agreement complied with the procedural and substantive requirements for approval under the Act.

The central legal issue before the Commission was whether the agreement was made in accordance with the relevant provisions of the Fair Work Act. The respondent contended that the agreement was not made in good faith or that the agreement did not meet the requirements for a protected action ballot. The Commission found that the agreement was made in good faith and that the necessary procedural requirements were met, including the requirement for a protected action ballot. The Commission also considered whether the agreement met the substantive requirements for approval, including the requirement that the agreement must not have the purpose, or have the effect, of undermining the operation of the safety net provided by the Act.

The Commission determined that the agreement did not have the purpose or effect of undermining the safety net provided by the Act. The agreement provided for the same or greater entitlements than the applicable award and provided for a mechanism for the resolution of disputes. The Commission concluded that the agreement was in accordance with the requirements of the Act and approved the agreement. The Commission's decision was based on its assessment of the evidence and the arguments presented by the parties.

The Fair Work Commission approved the Global Cranes Nebo and Moranbah QLD Enterprise Agreement 2012, finding that it complied with the requirements of the Fair Work Act. The Commission rejected the respondent's objections and determined that the agreement was made in good faith and met the necessary procedural and substantive requirements for approval. The decision provides guidance on the application of the requirements for the approval of an enterprise agreement under the Fair Work Act.

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