Gravity Crane Services Pty Ltd Summary

[2016] FWCA 2301

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gravity Crane Services Pty Ltd T/A Gravity Crane Services

(AG2016/794)

GRAVITY CRANE SERVICES ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 13 APRIL 2016

Application for approval of the Gravity Crane Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Gravity Crane Services Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gravity

Crane Services Pty Ltd T/A Gravity Crane Services. The Agreement is a single enterprise

agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 13 April 2016 and, in accordance with s.54, will

operate from 20 April 2016. The nominal expiry date of the Agreement is 13 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Gravity Crane Services Pty Ltd, the applicant sought approval of an enterprise agreement known as the Gravity Crane Services Enterprise Agreement 2016 (the Agreement). The application was made under section 185 of the Fair Work Act 2009, and the applicant was Gravity Crane Services Pty Ltd trading as Gravity Crane Services. The Agreement was a single enterprise agreement that did not cover all employees of the applicant. The primary focus of the case was to determine whether the application met the requirements of sections 186, 187, and 188 of the Act, and whether the group of employees covered by the Agreement was fairly chosen.

The Commissioner determined that all relevant requirements for the approval of the Agreement were satisfied. The Commissioner was satisfied that the applicant had met the criteria under section 186 of the Act, and that the group of employees was fairly chosen, taking into account the factors outlined in section 186(3) and (3A). The Commissioner noted that the Agreement was not comprehensive in covering all employees, but this did not impact the fairness of the employee selection process.

Following the assessment, the Commissioner approved the Gravity Crane Services Enterprise Agreement 2016 on 13 April 2016. The Agreement was set to operate from 20 April 2016, with a nominal expiry date of 13 April 2020. The Commissioner's decision was based on the understanding that the application met the necessary criteria and that the employee group was fairly chosen, as per the relevant provisions of the Fair Work Act 2009.

The final orders included the approval of the Gravity Crane Services Enterprise Agreement 2016, effective from 20 April 2016, and a nominal expiry date of 13 April 2020. The Commissioner's decision was made in accordance with section 54 of the Act, ensuring that the Agreement would be subject to the appropriate legal framework for the specified period.

Gravity Crane Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established