Surf City Cranes Pty Ltd T/A Surf City Cranes Pty Ltd

[2022] FWCA 3798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Surf City Cranes Pty Ltd T/A Surf City Cranes Pty Ltd

(AG2022/4038)

Surf City Cranes Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 28 OCTOBER 2022

Application for approval of the Surf City Cranes Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Surf City Cranes Pty Ltd Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surf City Cranes Pty Ltd T/A Surf City Cranes Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Surf City Cranes Pty Ltd T/A Surf City Cranes Pty Ltd recently applied to the Fair Work Commission for approval of their 2022 Enterprise Agreement. The nature of the dispute was the terms and conditions of employment for the workers covered by the agreement, and the court's role was to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the court had to decide included whether the agreement provided for a fair and reasonable rate of pay and conditions, and whether it complied with the various provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement satisfied the "better-off, worse-off or indifferent" test, which requires that no employee be worse off under the agreement than they would be under the applicable award or safety net award.

The court considered the submissions and evidence from both parties and concluded that the agreement met the statutory requirements for approval. The agreement provided for a fair and reasonable rate of pay and conditions, and it complied with the various provisions of the Fair Work Act. The court found that the agreement satisfied the "better-off, worse-off or indifferent" test and approved the agreement.

The Fair Work Commission approved the Surf City Cranes Pty Ltd Enterprise Agreement 2022, finding it met the statutory requirements for approval under the Fair Work Act 2009. The court found the agreement provided for a fair and reasonable rate of pay and conditions, and it complied with the various provisions of the Fair Work Act. The agreement was approved and will apply to the workers covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established