United Cranes & Rigging Pty Ltd

Case [2024] FWCA 1382
[2024] FWCA 1382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Cranes & Rigging Pty Ltd

(AG2024/1175)

UNITED CRANES & RIGGING PTY LTD ENTERPRISE AGREEMENT 2024

Cement and concrete products

DEPUTY PRESIDENT BOYCE

SYDNEY, 17 APRIL 2024

Application for approval of the United Cranes & Rigging Pty Ltd Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement to be known as the United Cranes & Rigging Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by United Cranes & Rigging Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 16 April 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Mobile Crane Hiring Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2024. The nominal expiry date of the Agreement is 24 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

Details
AGLC
United Cranes & Rigging Pty Ltd [2024] FWCA 1382
Case
[2024] FWCA 1382
Decision Date

CaseChat Overview and Summary

United Cranes & Rigging Pty Ltd was the applicant seeking approval of the Enterprise Agreement 2024. The Fair Work Commission (FWC) heard the application, which arose from negotiations between the employer and the employees represented by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issue before the FWC was whether the Enterprise Agreement 2024 was in the "best interests of the employees" and complied with the relevant legislative framework. The FWC had to assess if the agreement was fair and reasonable, considering the economic and employment context, and whether it provided for adequate pay and conditions.

The FWC examined the evidence presented by both parties, considering the economic environment, the nature of the industry, and the bargaining positions of the employer and the union. The FWC found that the agreement was fair and reasonable, and it met the criteria for approval under the Fair Work Act 2009. The FWC highlighted the agreement's provisions for pay increases, improved working conditions, and the overall balance of the terms in favour of the employees. Based on this assessment, the FWC approved the Enterprise Agreement 2024.

The FWC ordered that the Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now be binding on the employees and the employer, setting out the terms and conditions of employment for the specified period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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