DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Universal Rigging & Cranes Pty Ltd
(AG2016/1271)

WA UNIVERSAL RIGGING & CRANES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the WA Universal Rigging & Cranes Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the WA Universal Rigging & Cranes Pty Ltd Enterprise Agreement 2016 (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 Rigging & Cranes Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

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

[4] The Agreement was approved on 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 12 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the WA Universal Rigging & Cranes Pty Ltd Enterprise Agreement 2016. The applicant, WA Universal Rigging & Cranes Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, particularly with regard to its compliance with the provisions of the Act and the Fair Work Regulations 2009.

The key legal issues before the Commission were whether the agreement provided for the proper protection of employees' interests, whether it was free from prohibited content, and whether it complied with the procedural requirements set out in the Act. Additionally, the Commission had to consider whether the agreement contained terms that were necessary to protect employees from adverse action due to the making of a protected action claim.

The Commission found that the agreement contained provisions that were necessary to protect employees from adverse action arising from protected action claims. It also determined that the agreement was free from prohibited content and met the statutory requirements for approval. The Commission emphasised the importance of ensuring that employees were adequately protected under the agreement, particularly in relation to their rights to engage in protected industrial action. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the WA Universal Rigging & Cranes Pty Ltd Enterprise Agreement 2016, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The Commission determined that the agreement provided for the proper protection of employees' interests, was free from prohibited content, and complied with the procedural requirements set out in the Act. The Commission's approval of the agreement ensures that employees of WA Universal Rigging & Cranes Pty Ltd are afforded necessary protections under the agreement, particularly in relation to their rights to engage in protected industrial action.

WA Universal Rigging & 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