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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Titan Cranes Pty Ltd Enterprise Agreement 2020. The applicant, the Trustee for Titan Cranes Trust, sought the approval of this agreement which governs the employment terms of workers employed by Titan Cranes Pty Ltd. The dispute arose when the applicant claimed that the agreement provided for terms and conditions of employment that were fair and reasonable, while the respondents, representing the employees, argued that certain provisions did not meet the criteria for approval under the Fair Work Act 2009.

The central legal issues the Court had to address were whether the agreement met the statutory requirements for approval, including being fair and reasonable, and whether it complied with the various provisions of the Fair Work Act. Specifically, the Court needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, and whether any provisions that were deemed unfair could be disregarded under the Act.

In delivering the decision, the Fair Work Commission found that the majority of the provisions in the agreement were fair and reasonable. The Court noted that while some concerns were raised regarding certain terms, they were not significant enough to invalidate the entire agreement. The Commission applied a balanced approach, considering the overall fairness of the agreement and the necessity of disregarding certain provisions that did not meet the approval criteria. Consequently, the Court granted the application for approval with modifications, ensuring that the agreement complied with the statutory requirements.

The final orders included the approval of the Enterprise Agreement 2020, subject to the modifications made by the Court to address the identified concerns. The approved agreement now sets the terms and conditions of employment for the workers of Titan Cranes Pty Ltd, reflecting a balance that the Court deemed fair and reasonable.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established