DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Universal Cranes Pty Ltd
(AG2021/4280)

UNIVERSAL CRANES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 MARCH 2021

Application for approval of the Universal Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Universal Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022 (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 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] Clause 26 of the agreement provides that “all Employees shall be entitled to receive Employer superannuation contributions and shall also co-contribute a minimum amount from their wages to CBUS or BUSS(Q).” Clause 26 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2021. The nominal expiry date of the Agreement is 2 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Universal Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022, the Fair Work Commission (FWC) was presented with a dispute between Universal Cranes Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The primary issue at hand was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth) and could thus be approved by the FWC. The application was brought forth to ensure that the terms of the agreement were fair and met the statutory requirements for registration.

The legal issues the FWC needed to address included whether the collective agreement provided for fair terms and conditions of employment, whether it complied with the provisions of the Fair Work Act, and whether the agreement was free from any unlawful provisions. The FWC had to ensure that the agreement was not detrimental to the employees and that it provided a fair balance between the rights and obligations of both the employer and the employees. Additionally, the FWC had to confirm that the agreement did not include any terms that were contrary to public policy or that contravened any other relevant laws.

The FWC determined that the collective agreement was fair and met all the statutory requirements for approval. The FWC concluded that the agreement provided for equitable terms and conditions of employment, ensuring that the employees were protected and adequately compensated. The FWC also found that the agreement was compliant with the Fair Work Act and did not contain any unlawful provisions. The FWC noted that the agreement had been negotiated in good faith and that it provided a fair balance of rights and obligations for both parties. Consequently, the FWC approved the collective agreement, recognising its compliance with the necessary legal standards.

The final orders of the FWC were to approve the Universal Cranes Pty Ltd and CFMEU Union Collective Agreement 2019-2022, recognising it as a registered agreement under the Fair Work Act. The approval was contingent upon the continued compliance with the Act and the terms of the agreement. This decision provided certainty to both the employer and the employees, ensuring that the terms of the collective agreement would govern their industrial relations for the specified period.

Universal Cranes Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established