Morgan’s Cranes Pty Ltd

[2020] FWCA 530

[2020] FWCA 530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morgan’s Cranes Pty Ltd
(AG2020/100)

MORGAN’S CRANES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 3 FEBRUARY 2020

Application for approval of the Morgan’s Cranes Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Morgan’s Cranes Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Morgan’s Cranes Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 January 2020.

[3] I note that clause 11.4 (Parental Leave) requires an employee to provide the Employer with at least 10 weeks’ notice of an intention to take parental leave. This appears to be inconsistent with s.74(2)(b) of the Act which does not require such notice if it is not practicable to do so. I also note that clause 12.1.4 (Public Holidays) provides that the Employer and a majority of affected employees may agree to substitute a public holiday for another day. This appears to be inconsistent with s.115(3) of the Act which provides that the substitution of a public holiday with another day may only occur by agreement between an employer and an individual employee. Given there is a National Employment Standards (NES) precedence clause at 1.4.4 of the Agreement, the NES will apply to the extent of these inconsistencies.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 2 February 2023.

COMMISSIONER

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