DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Millar Properties Pty Ltd as Trustee for the RWM Developments Discretionary Trust T/A Townsville Cranes
(AG2016/1507)

TOWNSVILLE CRANES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Townsville Cranes Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Cranes Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Millar Properties Pty Ltd as Trustee for the RWM Developments Discretionary Trust T/A Townsville Cranes. 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 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 21 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Millar Properties Pty Ltd, as trustee for the RWM Developments Discretionary Trust trading as Townsville Cranes, applied for approval of the Townsville Cranes Enterprise Agreement 2020. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for certain workers under the enterprise agreement. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, particularly those concerning procedural fairness and the protection of employee rights. The Commission needed to determine if the agreement was appropriately negotiated and if it provided fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was negotiated in good faith and that the parties had complied with the procedural fairness requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission was satisfied that the agreement met the statutory requirements for approval and granted the application for its registration.

The Fair Work Commission approved the Townsville Cranes Enterprise Agreement 2020, and it was registered as a registered agreement under the Fair Work Act 2009. The decision confirmed the validity of the agreement and provided clarity for the parties involved regarding the terms and conditions of employment for the workers covered by the agreement.

Millar Properties Pty Ltd as Trustee for the RWM Developments Discretionary Trust T/A Townsville Cranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established