Shemgale Nominees Pty Ltd ATF Joag Family Trust T/A Hall's Cranes
[2021] FWCA 820
•16 FEBRUARY 2021
| [2021] FWCA 820 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shemgale Nominees Pty Ltd ATF Joag Family Trust T/A Hall's Cranes
(AG2020/4073)
HALL'S CRANES ENTERPRISE AGREEMENT 2019
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 16 FEBRUARY 2021 |
Application for approval of the Hall's Cranes Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the Hall’s Cranes Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shemgale Nominees Pty Ltd ATF Joag Family Trust T/A Hall’s Cranes. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the avoidance of doubt, I am satisfied that the Agreement passed the Better Off Overall Test having regard to the fact that the Mobile Crane Award is the relevant modern award for the purposes of section 193(1) and 193(4) of the Act.
[3] I note that Clause 6.1 of the Agreement does not provide an extra week of annual leave for employees who meet the definition of shift worker for the purposes of the National Employment Standards (NES). However, as a result of the NES precedence clause at clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[4] The Construction, Forestry, Maritime, Mining and Energy Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 16 February 2024.
COMMISSIONER
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