Universal Cranes (Central Qld) Pty Ltd

[2020] FWCA 3812

[2020] FWCA 3812

FAIR WORK COMMISSION

DECISION

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

Universal Cranes (Central Qld) Pty Ltd
(AG2020/1559)

UNIVERSAL CRANES CENTRAL QUEENSLAND AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 21 JULY 2020

Application for approval of the Universal Cranes Central Queensland Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Universal Cranes Central Queensland 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 Universal Cranes (Central Qld) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sent correspondence to the Commission on 9 June 2020 advising that per Construction, Forestry, Mining and Energy Union v Ron Southon Pty Ltd[2016] FWCFB 8413, the CFMEU has a material interest in the matter. The CFMMEU requested copies of the agreement documents which were provided on 9 June 2020. The CFMMEU advised on 17 June 2020 that they did not wish to be heard in relation to the matter.

[1] The matter was allocated to my Chambers and correspondence was sent to the Applicant raising certain concerns regarding the Agreement. The Applicant provided undertakings and responses to the correspondence on 15 July 2020.

[2]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

[3]  I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Personal leave - Clause 6.3;
● Carer’s leave – Clause 6.4.

[4] However, noting the the NES precedence clause at clause 4.1.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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. Pursuant to s. 190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[7] I have taken into consideration the material filed in the Commission. Subject to the matters referred to above, I am satisfied that each requirements of ss. 186, 187, 188 and 190 as are relevant for this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate form 28 July 2020. The nominal expiry date of the Agreement is 28 July 2023.

DEPUTY PRESIDENT

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Annexure A.