DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Universal Cranes (NTH QLD) Pty Ltd
(AG2016/1697)

UNIVERSAL CRANES (NTH QLD) PTY LTD EMPLOYEE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 AUGUST 2016

Application for approval of the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2016 (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 (NTH QLD) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2016. The nominal expiry date of the Agreement is 10 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Universal Cranes (NTH QLD) Pty Ltd applied to the Fair Work Commission for the approval of an employee agreement that was to be registered under section 232 of the Fair Work Act 2009. The application was made by the company to the Commission's delegate, who had the authority to approve the agreement. The dispute arose from the nature and scope of the agreement, which sought to cover employees who were not part of the original application. The company argued that the changes were minor and did not alter the fundamental terms of the agreement, while the objectors contended that the changes were significant and required a fresh application.

The legal issues before the Commission were whether the changes to the agreement amounted to a material alteration that necessitated a new application for approval, and if the changes were within the scope of minor amendments that could be approved without a fresh application. The Commission needed to consider the relevant provisions of the Fair Work Act, particularly section 232, and any relevant case law on the interpretation of "minor" changes in the context of employee agreements. The Commission also needed to consider the objectors' concerns about the potential impact of the changes on the employees.

In reaching its decision, the Commission examined the nature and extent of the changes made to the agreement. The Commission found that the changes were minor and did not alter the fundamental terms of the agreement, which remained within the scope of the original application. The Commission also considered the objectors' concerns but found that they did not have sufficient merit to warrant a fresh application. The Commission concluded that the changes were within the scope of minor amendments that could be approved without a fresh application, and approved the amended agreement.

The Fair Work Commission approved the amended Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2016, finding that the changes made to the agreement were minor and did not require a fresh application for approval. The Commission found that the changes did not alter the fundamental terms of the agreement and were within the scope of minor amendments that could be approved without a fresh application. The Commission also considered the objectors' concerns but found that they did not have sufficient merit to warrant a fresh application. The Commission's decision is a useful reminder of the importance of considering the nature and extent of changes to employee agreements when determining whether a fresh application for approval is necessary.

Universal Cranes (NTH QLD) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established