United Tower Cranes Pty Ltd Summary

[2024] FWCA 4331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Tower Cranes Pty Ltd

(AG2024/4490)

UNITED TOWER CRANES PTY LTD ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER SCHNEIDER	PERTH, 5 DECEMBER 2024

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

United Tower Cranes Pty Ltd (the Applicant) has made an application for the approval of a single enterprise agreement known as the United Tower Cranes Pty Ltd Enterprise Agreement 2024 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 December 2024.

The nominal expiry date of the Agreement is 12 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of United Tower Cranes Pty Ltd, the Australian Industrial Relations Commission was presented with an application for the approval of an enterprise agreement. The applicant, United Tower Cranes Pty Ltd, sought the endorsement of the United Tower Cranes Pty Ltd Enterprise Agreement 2024, which had been negotiated between the company and the union representing its employees. The dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the necessary criteria for being a lawful and fair enterprise agreement.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions as required by the Act, if it was free from any prohibited content, and if the agreement had been genuinely negotiated between the parties. Furthermore, the court examined whether the agreement provided for an effective and efficient dispute resolution process. The union argued that certain provisions were unfair, while the employer maintained that the agreement was the result of good faith negotiations and was compliant with all statutory requirements.

The Commission carefully reviewed the agreement, taking into account the legislative framework and relevant case law. It found that the agreement included all the mandatory terms, was free from prohibited content, and had been genuinely negotiated. The court was satisfied that the agreement provided for a fair and efficient dispute resolution mechanism, meeting all the necessary requirements. Consequently, the Commission approved the United Tower Cranes Pty Ltd Enterprise Agreement 2024, affirming that it was a lawful and fair agreement that would serve the interests of both the employer and the employees.

The final orders of the Commission were that the United Tower Cranes Pty Ltd Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty and clarity for both the employer and the employees, ensuring that the agreement would govern their industrial relations for the stipulated period.

United Tower Cranes Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established