DECISION

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

Morgan's Cranes Pty Ltd
(AG2016/6651)

MORGAN'S CRANES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Morgan's Cranes Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Morgan's Cranes Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morgan's Cranes 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2016. The nominal expiry date of the Agreement is 8 November 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Morgan's Cranes Pty Ltd applied for approval of the Morgan's Cranes Pty Ltd Enterprise Agreement 2015. The applicant is an employer in the crane hire industry, while the respondents include various unions representing employees in the industry. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement contained the necessary good faith provisions, whether it was free from prohibited content, and whether it provided for proper bargaining processes. The unions argued that the agreement failed to adequately protect employee rights and contained provisions that were contrary to public policy.

The Commission found that the agreement substantially complied with the legislative requirements. It contained the requisite good faith bargaining provisions, was free from prohibited content, and evidenced proper bargaining processes. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the application for approval was successful.

The Fair Work Commission approved the Morgan's Cranes Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

Morgan's Cranes Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established