DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQCranes Pty Ltd T/A NQCranes
(AG2017/2867)

NQCRANES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the NQCranes Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the NQCranes Enterprise Agreement 2017 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 September 2017 and, in accordance with s.54, will operate from 4 October 2017. The nominal expiry date of the Agreement is 4 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NQCranes Pty Ltd, trading as NQCranes, applied for the approval of the NQCranes Enterprise Agreement 2017 under the Fair Work Act 2009. The application was made before the Fair Work Commission (FWC), an Australian federal body with the jurisdiction to approve such agreements. The dispute involved various aspects of the agreement, including its scope, the classification of employees, and the terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed upon by the parties involved. The Commission also considered the adequacy of the agreement in terms of employee protections, such as minimum wages, hours of work, and leave entitlements. Additionally, the Commission examined the process by which the agreement was negotiated to ensure it complied with procedural fairness.

In its decision, the Fair Work Commission found that the NQCranes Enterprise Agreement 2017 was fair and reasonable, taking into account the specific industry context and the bargaining power of the parties. The Commission determined that the agreement provided adequate terms and conditions for the employees and was negotiated in a manner that complied with the procedural requirements of the Act. It concluded that the agreement should be approved as it met the statutory criteria and did not disadvantage any party unfairly.

The Fair Work Commission approved the NQCranes Enterprise Agreement 2017, subject to certain conditions and clarifications. These included ensuring that all employees were provided with a copy of the agreement and that any disputes arising under the agreement would be subject to the Commission's jurisdiction. The decision effectively sets the terms and conditions of employment for the relevant workforce, binding both the employer and the employees.

NQCranes Pty Ltd T/A NQCranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established