DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Cranes & Rigging Pty Ltd
(AG2015/3150)

UNITED CRANES & RIGGING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 JULY 2015

Application for approval of the United Cranes & Rigging Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the United Cranes & Rigging Pty Ltd Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 14 July 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, United Cranes & Rigging Pty Ltd applied for approval of the United Cranes & Rigging Pty Ltd Enterprise Agreement 2015. The applicant, a company in the crane and rigging industry, sought to have the agreement, which covered its employees, recognised and approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it complied with the Act's provisions regarding minimum entitlements, dispute resolution, and procedural fairness.

The Commission examined whether the agreement provided for employees' minimum entitlements, as stipulated by the Fair Work Act. The applicant argued that the agreement was consistent with the legislative standards, while no objections were raised by the employees or other parties involved. The court also considered whether the agreement included a dispute resolution process and whether the process was fair and accessible to the employees. The applicant demonstrated that the agreement contained a dispute resolution mechanism that complied with the Act's requirements. Furthermore, the court evaluated whether the agreement was made in a procedurally fair manner, ensuring that employees had the opportunity to participate in the negotiation and decision-making process.

The Fair Work Commission determined that the United Cranes & Rigging Pty Ltd Enterprise Agreement 2015 met all the legal requirements for approval under the Fair Work Act 2009. The Commission found that the agreement provided for the employees' minimum entitlements, included a dispute resolution process, and was made in a procedurally fair manner. Consequently, the court approved the agreement, which will now be binding on the parties involved.

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