Urban Cranes Pty Ltd

[2021] FWCA 6184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Urban Cranes Pty Ltd

(AG2021/7496)

Urban Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 OCTOBER 2021

Application for approval of the Urban Enterprise Agreement 2021

Urban Cranes Pty Ltd has made an application for approval of an enterprise agreement known as the Urban Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

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 was approved on 8 October 2021 and, in accordance with s 54, will operate from 15 October 2021. The nominal expiry date of the Agreement is 8 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

Urban Cranes Pty Ltd applied to the Fair Work Commission for approval of the Urban Enterprise Agreement 2021. The application involved a dispute between Urban Cranes Pty Ltd and the United Workers Union regarding the terms and conditions of employment for employees covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement complied with the statutory provisions for enterprise agreements. This included assessing whether the agreement provided for the employees' minimum entitlements, whether it contained appropriate dispute resolution procedures, and whether it was made in good faith and without coercion. The dispute also raised questions about the agreement's compliance with the Better Off Overall Test (BOOT) and whether it was consistent with the principles of industrial relations law.

In its decision, the Fair Work Commission examined the proposed agreement clause by clause. The Commission found that the agreement met all the statutory requirements for approval, including the BOOT. The Commission noted that the agreement provided for employees' minimum entitlements and contained appropriate dispute resolution procedures. The Commission also concluded that the agreement was made in good faith and without coercion. Given these findings, the Commission approved the Urban Enterprise Agreement 2021, allowing it to be registered and enforceable as a lawful agreement.

The Fair Work Commission ordered that the Urban Enterprise Agreement 2021 be approved and registered, effective from the date of the decision. The decision also confirmed that the agreement would apply to all employees covered by it, subject to the terms and conditions specified in the agreement. The approval of the agreement marked the resolution of the dispute between Urban Cranes Pty Ltd and the United Workers Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established