Universal Cranes (Sunshine Coast) Pty Ltd T/A Universal Cranes Sunshine Coast

[2022] FWCA 98

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Universal Cranes (Sunshine Coast) Pty Ltd T/A Universal Cranes Sunshine Coast

(AG2021/8495)

Universal Cranes Sunshine Coast Single Enterprise Agreement 2021-2025

Business equipment industry
COMMISSIONER SIMPSON	BRISBANE, 14 JANUARY 2022

Application for approval of the Universal Cranes Sunshine Coast Single Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the Universal Cranes Sunshine Coast Single Enterprise Agreement 2021-2025 (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 (Sunshine Coast) Pty Ltd T/A Universal Cranes Sunshine Coast (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 1.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Universal Cranes (Sunshine Coast) Pty Ltd trading as Universal Cranes Sunshine Coast, applied to the Fair Work Commission for approval of the Universal Cranes Sunshine Coast Single Enterprise Agreement 2021-2025. The application was opposed by the Australian Manufacturing Workers’ Union, representing a number of employees of the company. The primary dispute centred on the terms and conditions outlined in the proposed agreement, with the union arguing that certain provisions were not in the best interests of the employees.

The key legal issues before the Commission were whether the proposed agreement was fair and reasonable, in line with the provisions of the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair remuneration and conditions, and whether it met the requirements for "single enterprise" status, which allows for a single agreement to apply across multiple sites of a business. Additionally, the Commission examined whether the agreement complied with the "better off overall test," ensuring that employees would be no worse off financially and would benefit overall from the terms of the agreement.

In its decision, the Fair Work Commission acknowledged the efforts of both parties to reach a negotiated agreement. The Commission found that the proposed agreement met the statutory requirements for fairness and reasonableness. The Commission was satisfied that the agreement provided for fair remuneration and conditions and met the "better off overall test." The Commission also determined that the agreement appropriately met the criteria for a single enterprise agreement, allowing it to apply across the applicant's multiple sites. Consequently, the Commission approved the Universal Cranes Sunshine Coast Single Enterprise Agreement 2021-2025.

The Fair Work Commission approved the Universal Cranes Sunshine Coast Single Enterprise Agreement 2021-2025, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement will apply to the employees of Universal Cranes (Sunshine Coast) Pty Ltd trading as Universal Cranes Sunshine Coast. The decision provides legal certainty for both the employer and the employees, confirming the validity of the agreed terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established