Kore Cranes Pty Ltd Summary

[2013] FWCA 2712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kore Cranes Pty Ltd
(AG2013/986)

KORE CRANES PTY LTD AUSTRALIA BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU & CFMEU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 MAY 2013

Application for approval of the Kore Cranes Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kore Cranes Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kore Cranes Pty Ltd has applied to the Fair Work Commission for approval of the Kore Cranes Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement. The application was contested by the CFMEU and the Transport Workers Union. The central issue before the Fair Work Commission was whether the proposed agreement was in the public interest and should be approved under the Fair Work Act. This involved assessing whether the agreement provided fair and reasonable terms and conditions for employees, and whether it would facilitate the project's progress while maintaining industrial harmony.

The Commission examined the content of the agreement, focusing on the provisions related to wages, working conditions, and dispute resolution mechanisms. The Commission also considered the economic and social implications of the agreement, including its potential impact on job creation and the regional economy. The Commission concluded that the proposed agreement was fair and reasonable, and that it would facilitate the progress of the project without compromising the rights and interests of employees. The agreement was found to provide adequate protections for employees while also allowing for the efficient operation of the project.

The Commission approved the Kore Cranes Pty Ltd Australia BHPB Iron Ore Growth Projects Stage 1 AMWU & CFMEU Greenfields Agreement, finding that it was in the public interest. The Commission noted that the agreement provided fair and reasonable terms and conditions for employees, and that it would facilitate the progress of the project while maintaining industrial harmony. The Commission also found that the agreement would have positive economic and social benefits, including job creation and regional development. The Commission's decision was based on a careful consideration of the evidence and arguments presented by the parties.

Kore Cranes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established