The Trustee for Titan Cranes Trust T/A Titan Cranes Pty Ltd

[2021] FWCA 881

[2021] FWCA 881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Titan Cranes Trust T/A Titan Cranes Pty Ltd
(AG2021/36)

TITAN CRANES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 MARCH 2021

Application for approval of the Titan Cranes Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Titan Cranes Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Titan Cranes Trust T/A Titan Cranes Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] The Agreement lodged with the Fair Work Commission contains cross-referencing errors on pages 6 and 18. Clause 6.18 of the Agreement refers to “clause 6.10”, instead of “clause 6.1”. Clause 22.5(b) of the Agreement refers to “clause 11.4(b)”, instead of “clause 22.4(b)”. I accept that these are cross referencing errors.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2021. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

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Annexure A