Konecranes Pty Ltd

[2013] FWCA 8520

FAIR WORK COMMISSION

DECISION

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

Konecranes Pty Ltd
(AG2013/10859)

KONECRANES PTY LIMITED NORTH WEST WA SERVICE BRANCH ENTERPRISE AGREEMENT 2011

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2013

Application for approval of the Konecranes Pty Limited North West WA Service Branch Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Konecranes Pty Limited North West WA Service Branch Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Konecranes Pty Ltd. 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 November 2013. The nominal expiry date of the Agreement is 30 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the Konecranes Pty Limited North West WA Service Branch Enterprise Agreement 2011. The applicant, Konecranes Pty Ltd, sought approval for the agreement which was made between the company and its employees. The dispute arose from the negotiation and terms of the enterprise agreement, focusing on whether it met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the FWC involved assessing whether the agreement complied with the requirements of the Fair Work Act, including provisions concerning employee representation, procedural fairness, and the substantive terms of the agreement. The FWC had to determine if the agreement was genuinely negotiated and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the FWC examined whether the agreement included mandatory terms and if it met the criteria for being a single, integrated agreement.

In delivering its decision, the FWC found that the application was validly made and that the agreement had been genuinely negotiated. The Commission examined the procedural fairness of the negotiation process and concluded that it met the necessary standards. Regarding the substantive terms, the FWC found that the agreement provided for fair and reasonable conditions and included the mandatory terms required by the Act. The FWC approved the agreement, noting its compliance with the statutory requirements.

The FWC made orders approving the Konecranes Pty Limited North West WA Service Branch Enterprise Agreement 2011. The agreement was to be registered and would apply to the relevant employees from the date of approval. The decision ensured that the employees covered by the agreement would have their terms and conditions of employment governed by the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established