NQCranes Pty Ltd

[2014] FWCA 8340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQCranes Pty Ltd
(AG2014/9555)

NQCRANES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2014

Application for approval of the NQCranes Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NQCranes Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 28 November 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NQCranes Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the NQCranes Enterprise Agreement 2014. The application arose from negotiations between NQCranes and its employees, represented by a union, over terms and conditions of employment. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly regarding the provisions on pay rates, conditions, and dispute resolution mechanisms.

The legal issues the court needed to resolve included whether the agreement provided for minimum entitlements as outlined in the Fair Work Act, whether it contained procedural provisions for the resolution of disputes, and whether it adhered to the procedural fairness requirements for employee representation. The court also had to consider whether the agreement was genuinely negotiated and whether it provided for a fair and efficient system for resolving disputes.

The Fair Work Commission examined the agreement's provisions, including the wage rates, working conditions, and dispute resolution mechanisms, to ensure they met the legislative requirements. The Commission found that the agreement satisfied the necessary criteria, including the provision for minimum entitlements and procedural fairness. It also concluded that the agreement was genuinely negotiated and provided for an efficient dispute resolution process. As a result, the Commission approved the NQCranes Enterprise Agreement 2014, enabling it to come into effect and govern the employment terms between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established