DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western District Crane Services Pty Ltd T/A Western District Crane Services
(AG2019/303)

WD CRANE SERVICES WESTERN VICTORIA ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 AUGUST 2019

Application for approval of the WD Crane Services Western Victoria Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the WD Crane Services Western Victoria Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western District Crane Services Pty Ltd T/A Western District Crane Services. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.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.

[5] The Agreement lodged contained cross-referencing errors at clauses 18.6.2, 20.1, 20.3, 23.2(c), 24.3, and 25. The Applicant’s representative acknowledged the discretion available to the Commission under s. 586 to correct documents and was supportive of the discretion being exercised to correct the errors identified. Against that background, on 30 July 2019 the Applicant filed an amended version of the relevant pages of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. The amended versions of the relevant pages are included in the as approved Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Western District Crane Services Pty Ltd, trading as Western District Crane Services, applied to the Fair Work Commission for approval of the WD Crane Services Western Victoria Enterprise Agreement 2019 - 2022. The dispute centred around the terms of the proposed enterprise agreement and whether they complied with relevant industrial and legislative provisions.

The primary legal issues involved determining whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of coverage, the process by which the agreement was reached, and whether the agreement complied with the "better off overall test". The court had to consider whether the agreement provided for employees who were not members of the relevant union to be covered by the agreement, and whether it provided adequate protections and benefits that met the requirements of the "better off overall test".

The Fair Work Commission examined the evidence and submissions from both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement met all statutory requirements and provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement was appropriately negotiated and that it complied with the "better off overall test". Consequently, the Fair Work Commission approved the WD Crane Services Western Victoria Enterprise Agreement 2019 - 2022.

The court's final orders were that the WD Crane Services Western Victoria Enterprise Agreement 2019 - 2022 was approved and registered under the Fair Work Act 2009. The agreement was deemed to be a valid and binding enterprise agreement for the relevant employees and employers, effective from the date of registration.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established