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

[2022] FWCA 98

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

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

COMMISSIONER

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