DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQCranes Pty Ltd
(AG2016/576)

NQCRANES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 APRIL 2016

Application for approval of the NQCranes Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the NQCranes Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NQCranes Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 April 2016 and, in accordance with s.54, will operate from 19 April 2016. The nominal expiry date of the Agreement is 19 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

NQCranes Pty Ltd, the applicant, sought approval of the NQCranes Enterprise Agreement 2016 from the Fair Work Commission. The applicant and the respondents, the Australian Manufacturing Workers' Union and the Australian Workers' Union, had negotiated the agreement to govern the employment of workers in the company's crane hire business. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the formal requirements set out in the Fair Work Act 2009 and whether it met the "better off overall test". This test required that the employees be no worse off financially than under their previous conditions of employment, and to be better off overall in at least one area, such as wages or working conditions. The Commission also needed to consider whether the agreement contained appropriate provisions for employee representation and dispute resolution.

The Fair Work Commission found that the agreement complied with all formal requirements and met the better off overall test. The Commission observed that the agreement provided for reasonable working conditions and appropriate pay rates, and contained provisions for employee representation and dispute resolution that were consistent with the Commission's guidelines. The Commission also found that the agreement contained appropriate mechanisms for addressing any future changes in the business or workforce. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the NQCranes Enterprise Agreement 2016, subject to certain conditions designed to ensure compliance with the agreement. These conditions included the requirement that the parties provide the Commission with a report on the implementation of the agreement within six months of its approval, and that the applicant provide employees with a copy of the agreement. The Commission also imposed a requirement that the applicant provide the Commission with a copy of any subsequent variation of the agreement.

NQCranes 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