DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Cranes & Rigging Pty Ltd
(AG2020/2357)

UNITED CRANES & RIGGING PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 27 OCTOBER 2020

Application for approval of the United Cranes & Rigging Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the United Cranes & Rigging 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 United Cranes & Rigging Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) have requested and was provided with copies of the Form F16-Application for approval of an enterprise agreement and the Form F17-Employer’s declaration in support of an application for approval of an enterprise agreement in redacted form to protect personal information.

[3] Subsequently the CFMMEU made an application to make submissions regarding the approval application recognising it was not a bargaining representative involved in the negotiation of the Agreement. The CFMMEU provided written submissions in support of them being heard and regarding objections they have to the Agreement being approved by the Commission.

[4] It is submitted that the CFMMEU has an interest in the Agreement because its scope covers industries in which it and its members have an interest. The CFMMEU submits the Commission should exercise its discretion under s.590 of the Act and allow it to be heard in this matter.

[5] In this case the CFMMEU was not involved in the bargaining process and it has neither any right, interest or legitimate expectation concerning the approval of the Agreement. Neither the CFMMEU’s interests nor its members will be directly affected by the outcome of this application.

[6] Further the CFMMEU, not being involved in the bargaining process, has no particular knowledge of relevant events.

[7] The CFMMEU has not put forward a sound reason why the Commission should exercise its discretion under s.590 of the Act and allow it to be heard in this matter.

[8] The CFMMEU will not be heard further regarding this application.

[9] 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.

[10] 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. The undertakings are taken to be a term of the Agreement.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2020. The nominal expiry date of the Agreement is 2 November 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

United Cranes & Rigging Pty Ltd brought an application before the Fair Work Commission, seeking approval of the Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment within the company and whether the proposed agreement met the necessary legal standards for fair and equitable workplace relations. The Fair Work Commission, tasked with regulating workplace relations and ensuring agreements comply with the Fair Work Act 2009, was required to examine the agreement meticulously.

The central legal issues before the Commission included whether the proposed agreement provided adequate protection for employee rights, particularly in relation to working conditions, pay rates, and dispute resolution mechanisms. Additionally, the Commission had to ensure the agreement did not contravene any provisions of the Fair Work Act, including those related to unfair dismissal and the protection of vulnerable employees. The Commission's analysis involved a detailed review of the agreement's provisions against statutory requirements and principles of procedural fairness.

Upon thorough examination, the Fair Work Commission determined that the Enterprise Agreement 2020 met the necessary criteria for approval. The Commission found that the agreement provided comprehensive coverage of the terms and conditions of employment, ensuring fair treatment and protection of employee rights. It was also noted that the agreement contained appropriate dispute resolution processes and did not conflict with any provisions of the Fair Work Act. Consequently, the Commission approved the agreement, acknowledging its alignment with the statutory requirements and the interests of both the employer and employees.

The Fair Work Commission issued its decision, approving the Enterprise Agreement 2020, effective immediately. The approval was contingent upon the company's adherence to the agreed terms and conditions, ensuring ongoing compliance with the Fair Work Act and other relevant industrial instruments.

United Cranes & Rigging 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