DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RWM Developments Pty Ltd as trustee for the RWM Developments Discretionary Trust T/A Townsville Cranes
(AG2020/1208)

TOWNSVILLE CRANES ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 3 JUNE 2020

Application for approval of the Townsville Cranes Enterprise Agreement 2020-2024.

[1] RWM Developments Pty Ltd as trustee for the RWM Developments Discretionary Trust T/A Townsville Cranes (the Applicant/the Employer) has applied for approval of an enterprise agreement known as Townsville Cranes Enterprise Agreement 2020-2024 (the Agreement). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the understanding is attached at Annexure A.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I wrote to the Employer on 26 May 2020, noting that another enterprise agreement, titled Townsville Cranes Enterprise Agreement 2020 had been approved by the Commission in decision [2016] FWCA 3956. That agreement has a nominal expiry date of 21 June 2020. That agreement is made by Millar Properties Pty Ltd as Trustee for the RWM Developments Discretionary Trust T/A Townsville Cranes.

[5] On 26 May 2020 the Employer responded that the corporate trustee changed on 4 June 2018.

[6] I have taken into consideration the material filed in the Commission. 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2020. The nominal expiry date of the Agreement is 3 June 2024.

[8] In the event that there has been a transfer of business on account of the change to the corporate trustee, the Employer should give consideration to s.58 of the Act as to when this Agreement can effectively operate; either 10 June 2020, or not until 21 June 2020 when the earlier agreement reaches its nominal expiry date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The case involved RWM Developments Pty Ltd, acting as trustee for the RWM Developments Discretionary Trust trading as Townsville Cranes, which sought approval for the Townsville Cranes Enterprise Agreement 2020-2024. The application was brought before the Fair Work Commission, with the applicant seeking approval under the Fair Work Act 2009. The legal issues at hand centred on whether the proposed enterprise agreement met the criteria for approval, specifically whether it provided for the compulsory resolution of all genuine disputes and whether it included appropriate provisions for the protection of employees' rights.

The Fair Work Commission examined the agreement to ensure it adhered to the legislative requirements. Key considerations included the agreement's provisions for dispute resolution, the balance of rights and obligations for both employers and employees, and compliance with the better-off-overall test. The Commission assessed whether the agreement provided for a fair and efficient means of resolving disputes and whether it ensured employees were better off overall in terms of pay and conditions.

The Fair Work Commission found that the Townsville Cranes Enterprise Agreement 2020-2024 met the necessary criteria for approval. The agreement was deemed to provide for the compulsory resolution of genuine disputes and included appropriate protections for employees. The Commission confirmed that the agreement complied with the better-off-overall test, ensuring that employees would benefit from improved pay and conditions. Consequently, the application for approval was successful.

The Fair Work Commission granted approval for the Townsville Cranes Enterprise Agreement 2020-2024, effective from 1 July 2020, for a period of four years. The decision confirmed that the agreement met the legislative requirements for dispute resolution and employee protections, thereby providing a fair and balanced framework for the employer and employees.

RWM Developments Pty Ltd as trustee for the RWM Developments Discretionary Trust T/A Townsville Cranes

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established