Gravity Cranes Project Pty Ltd

[2013] FWCA 9342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gravity Cranes Project Pty Ltd
(AG2013/10001)

GRAVITY CRANES PROJECT PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 NOVEMBER 2013

Application for approval of the Gravity Cranes Project Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gravity Cranes Project Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gravity Cranes Project Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 28 November 2013 and, in accordance with s.54, will operate from 5 December 2013. The nominal expiry date of the Agreement is 28 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gravity Cranes Project Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, a crane hire company, and the Australian Workers Union (AWU), representing the employees, had entered into a Greenfields Agreement. The Commission was required to determine whether the agreement was suitable for approval, taking into account various statutory criteria, including whether it contained provisions that were against the spirit of the Fair Work Act.

The key issue for the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained prohibited content, such as provisions that were against the spirit of the Act, and whether it had been made in accordance with the relevant statutory provisions. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, and if it included appropriate dispute resolution mechanisms.

The Commission found that the agreement did not contain any prohibited content and had been made in accordance with the Act. The agreement provided for a fair and efficient workplace, including appropriate mechanisms for dispute resolution. The Commission was satisfied that the agreement met the criteria for approval, and it granted the application for approval of the enterprise agreement. The parties were directed to take all necessary steps to implement the agreement and to ensure compliance with its terms.

The final orders of the Commission included the approval of the Gravity Cranes Project Pty Ltd Roy Hill AWU Greenfields Agreement 2013, and directions for the parties to implement the agreement and ensure compliance with its terms. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy be provided to the relevant regulatory bodies.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established