Western District Crane Services Pty Ltd T/A Western District Crane Services

[2024] FWCA 2092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western District Crane Services Pty Ltd T/A Western District Crane Services

(AG2024/1774)

WESTERN DISTRICT CRANE SERVICES WESTERN VICTORIA ENTERPRISE AGREEMENT 2024-2028

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 6 JUNE 2024

Application for approval of the Western District Crane Services Western Victoria Enterprise Agreement 2024-2028

Western District Crane Services Pty Ltd T/A Western District Crane Services has applied for approval of an enterprise agreement known as the Western District Crane Services Western Victoria Enterprise Agreement 2024-2028 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 June 2024.

The nominal expiry date of the Agreement is 5 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by Western District Crane Services, trading as Western District Crane Services, for approval of the Western District Crane Services Western Victoria Enterprise Agreement 2024-2028. The application was made under section 233 of the Fair Work Act 2009. The agreement in question seeks to regulate the employment terms and conditions for workers employed in the crane services industry across Western Victoria.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement complied with the procedural requirements for its negotiation and execution, and whether it contained provisions that met the standards set by the Act, including fair and reasonable terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement did not adversely affect the safety of employees or the public.

After thorough consideration of the evidence and submissions presented by the parties, the Fair Work Commission found that the agreement satisfied the necessary criteria for approval. The Commission determined that the agreement had been fairly and properly negotiated and that its terms were fair and reasonable. The Commission also concluded that the agreement did not pose any safety risks to employees or the public. Consequently, the Commission approved the agreement, which will now be registered with the Fair Work Ombudsman.

No further orders were made by the Commission in this instance, as the approval of the agreement was the primary objective of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established