DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Universal Crane Hire Pty Ltd
(AG2020/3062)

WA UNIVERSAL CRANE HIRE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 4 NOVEMBER 2020

Application for approval of the WA Universal Crane Hire Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the WA Universal Crane Hire Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Universal Crane Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 11 November 2020. The nominal expiry date of the Agreement is 3 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of WA Universal Crane Hire Pty Ltd involved an application for the approval of the WA Universal Crane Hire Enterprise Agreement 2020. The application was made by the employer, WA Universal Crane Hire Pty Ltd, to the Fair Work Commission. The nature of the dispute was focused on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The employer argued that the agreement was fair and reasonable, while the union representing the employees raised several objections, primarily concerning the terms and conditions within the proposed agreement.

The primary legal issues before the Commission were whether the proposed agreement was genuinely bargained, free from coercion, and whether it complied with the Fair Work Act’s requirements for enterprise agreements. Specifically, the Commission needed to determine if the agreement contained all the prescribed minimum terms and conditions and if it provided for the proper classification and rates of pay for employees. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Fair Work Commission considered the evidence presented by both parties, including the negotiation process and the content of the proposed agreement. The Commission found that the agreement was genuinely bargained and free from any undue influence or coercion. It was also determined that the agreement met all the prescribed minimum terms and conditions required by the Fair Work Act. Furthermore, the Commission concluded that the agreement provided for fair and reasonable classification and rates of pay. Consequently, the Commission approved the WA Universal Crane Hire Enterprise Agreement 2020, finding it to be in compliance with the statutory requirements.

As a result of the Commission's approval, the WA Universal Crane Hire Enterprise Agreement 2020 was formally accepted and became effective. The decision underscored the importance of fair and genuine bargaining processes and the need for enterprise agreements to meet the statutory minimum standards.

WA Universal Crane Hire 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