DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Konecranes Pty Ltd T/A Konecranes
(AG2017/969)

KONECRANES PTY LTD NORTH WEST SERVICE BRANCH ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 APRIL 2017

Application for approval of the Konecranes Pty Ltd North West Service Branch Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Konecranes Pty Ltd North West Service Branch 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 Konecranes Pty Ltd T/A Konecranes. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 April 2017 and, in accordance with s.54, will operate from 14 April 2017. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Konecranes Pty Ltd, trading as Konecranes, sought approval for the Konecranes Pty Ltd North West Service Branch Enterprise Agreement 2016 from the Fair Work Commission. The dispute revolved around the agreement's provisions regarding employee entitlements, particularly the notice periods for termination of employment and the definition of 'incapacity'. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and complied with relevant legislative requirements.

The primary legal issues before the Commission were whether the notice periods outlined in the agreement were fair and reasonable, and whether the definition of 'incapacity' adequately protected employee rights. The Commission needed to consider the balance between the employer's operational needs and the employees' rights, ensuring that the agreement did not unjustifiably disadvantage the employees. Additionally, the Commission had to assess whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission determined that the notice periods in the agreement were reasonable and not overly onerous on the employees. It found that the definition of 'incapacity' was sufficiently clear and did not unjustifiably limit the employees' rights. The Commission concluded that the agreement was in the public interest and did not contravene any legislative provisions. Consequently, the application for approval of the Konecranes Pty Ltd North West Service Branch Enterprise Agreement 2016 was granted.

The Commission's final orders included the approval of the agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions for the employees covered by the agreement. The Commission's decision provided clarity on the balance between employer and employee interests, reinforcing the importance of fair and reasonable terms in enterprise agreements.

Konecranes Pty Ltd T/A Konecranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established