DECISION

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

Universal Cranes (Nth QLD) Pty Ltd T/A Universal Cranes North QLD
(AG2019/4541)

UNIVERSAL CRANES (NTH QLD) PTY LTD EMPLOYEE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 12 DECEMBER 2019

Application for approval of the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2019 (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 T/A Universal Cranes North QLD (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 19 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Universal Cranes (Nth QLD) Pty Ltd trading as Universal Cranes North QLD, applied to the Fair Work Commission for approval of the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2019. The dispute involved the classification of certain employees and the terms of the agreement, including pay rates, conditions, and entitlements. The application was heard by the Commission, which needed to determine if the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the classification of employees within the agreement was accurate and whether the terms and conditions were fair and reasonable. The Commission had to consider whether the agreement provided for the minimum entitlements required under the Fair Work Act and if it adhered to the principles of procedural fairness and good faith bargaining. The applicant argued that the agreement reflected the terms agreed upon by the parties and was in the best interests of the employees.

After reviewing the evidence and submissions, the Commission found that the classification of employees was appropriate, and the terms of the agreement were fair and reasonable. The Commission concluded that the agreement met the necessary criteria for approval and would provide for the minimum entitlements required by law. The Commission also noted that the agreement had been the subject of genuine bargaining between the parties, and the process followed was procedurally fair. The Commission approved the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2019, effective from the date of the decision.

Universal Cranes (Nth QLD) Pty Ltd T/A Universal Cranes North QLD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established