Universal Cranes (Nth QLD) Pty Ltd Summary

[2023] FWCA 99

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Universal Cranes (Nth QLD) Pty Ltd

(AG2022/5309)

UNIVERSAL CRANES (NTH QLD) PTY LTD EMPLOYEE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 11 JANUARY 2023

Application for approval of the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2022

An application has been made for approval of an enterprise agreement known as the Universal Cranes (NTH QLD) Pty Ltd Employee Agreement 2022 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 11 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application for approval of the Universal Cranes (Nth QLD) Pty Ltd Employee Agreement 2022. Universal Cranes (Nth QLD) Pty Ltd applied for the approval of the enterprise agreement under the Fair Work Act 2009. The application was made by the employer, Universal Cranes (Nth QLD) Pty Ltd, which sought to have the agreement approved as a single interest employer agreement. The dispute concerned the terms and conditions of employment as set out in the proposed agreement, which aimed to regulate the employment of employees within the company.

The key legal issues that the FWC had to address involved determining whether the agreement complied with the procedural requirements of the Fair Work Act 2009, including whether it was genuinely negotiated and whether it met the eligibility criteria for approval. The FWC also had to consider whether the agreement provided for appropriate terms and conditions, including pay rates, classification, and other employment conditions, and whether it adhered to the principles of the national workplace relations system.

After examining the application and the supporting evidence, the FWC found that the agreement was genuinely negotiated and met the eligibility criteria for approval. The FWC noted that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The FWC also found that the agreement provided for appropriate terms and conditions and that it did not undermine the principles of the national workplace relations system. Accordingly, the FWC approved the agreement as a single interest employer agreement.

The FWC's decision to approve the Universal Cranes (Nth QLD) Pty Ltd Employee Agreement 2022 provides clarity for the employer and its employees regarding the terms and conditions of their employment. The approval of the agreement ensures that it will be legally binding and enforceable, providing stability and certainty for both parties. The FWC's decision also reinforces the importance of genuine negotiation and compliance with the procedural requirements of the Fair Work Act 2009 in the enterprise agreement process.

Universal Cranes (Nth QLD) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established