DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Muswellbrook Crane Services Pty Ltd T/A Tutt Bryant Heavy Lift & Shift (Hunter Region)
(AG2019/2964)

MUSWELLBROOK CRANE SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Muswellbrook Crane Services Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Muswellbrook Crane Services Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Muswellbrook Crane Services Pty Ltd T/A Tutt Bryant Heavy Lift & Shift (Hunter Region). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Muswellbrook Crane Services Pty Ltd T/A Tutt Bryant Heavy Lift & Shift (Hunter Region), the applicant, Muswellbrook Crane Services, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2019. The dispute centred around the provisions of the proposed agreement and whether they complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it included provisions that complied with the safety net provisions of the Fair Work Act, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement allowed for genuine employee consultation and participation in the bargaining process. The applicant argued that the agreement was fair and reasonable and had been made in good faith, while no objections were raised by any party that would impact the fairness of the agreement.

The Fair Work Commission found that the proposed agreement was fair and reasonable and met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement complied with the safety net provisions and that it had been made in good faith, without coercion. The Commission found that the agreement allowed for genuine employee consultation and participation in the bargaining process and was in the best interests of the employees covered by the agreement. Consequently, the Commission approved the Enterprise Agreement 2019.

The final orders of the Commission were that the Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from the date of registration. The Commission's decision provided certainty and stability to the parties involved and ensured that the agreement would be a fair and reasonable basis for employment relations between the applicant and its employees.

Muswellbrook Crane Services Pty Ltd T/A Tutt Bryant Heavy Lift & Shift (Hunter Region)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established