DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQCranes Pty Ltd T/A NQCranes
(AG2021/6142)

NQCRANES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 JULY 2021

Application for approval of the NQCranes Enterprise Agreement 2021.

[1] NQCranes Pty Ltd T/A NQCranes (the Applicant) has made an application for approval of an enterprise agreement known as the NQCranes Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 July 2021.

[3] On 16 July 2021, my Chambers sent correspondence to the Parties seeking to address concerns with certain aspects of the Agreement and invited the Parties to address these matters.

[4] The concerns were as follows:

● Clause 23 with respect to abandonment appeared to be inconsistent with the National Employment Standards however the Commission notes that clause 6 of the Agreement provides an effective NES precedence clause which the Commission accepts as addressing this concern.

● It was unclear as to when the rates in the Agreement commenced for the purposes of establishing the Agreement test times.

[5] The Applicant has submitted an undertaking in the required form dated 21 July 2021. The undertaking deals with the following topics:

● The Applicant has undertaken that for the purpose of establishing the appropriate test time, the rates and increases in Appendix A of this Agreement will apply from 5 July 2021 and thereafter from the first pay period to commence on or after 1 July 2022 and 1 July 2023.

[6] A copy of the undertaking has been provided to the employee bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 23 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

NQCranes Pty Ltd, trading as NQCranes, sought approval of the NQCranes Enterprise Agreement 2021 in the Fair Work Commission. The application was brought by the company against its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the terms of the proposed enterprise agreement and whether it complied with the relevant legislative framework.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if the agreement had been fairly negotiated. The CFMEU argued that the agreement did not adequately protect employees' interests, particularly in terms of wages and conditions. The company contended that the agreement was fair and balanced, reflecting the economic realities faced by the business.

The Fair Work Commission examined the negotiation process and the terms of the agreement. It found that the negotiation process was robust and transparent, with both parties engaging in good faith. The Commission also considered the economic context, including the financial health of the company, and the impact of the proposed changes on employees. Ultimately, the Commission determined that the agreement met the statutory requirements and approved it, finding that it provided for fair and reasonable terms and conditions of employment.

The Commission's decision was based on a comprehensive analysis of the negotiation process and the economic context. It concluded that the agreement was in the best interests of both the company and its employees. The Commission's approval of the agreement ensures that it will become binding on the parties and will govern their employment relationship going forward.

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