Whiters Street Cranes Pty Ltd

[2014] FWCA 223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Whiters Street Cranes Pty Ltd
(AG2013/12887)

WHITERS STREET CRANES ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 JANUARY 2014

Application for approval of the Whiters Street Cranes Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Whiters Street Cranes Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whiters Street Cranes Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 9 January 2014 and, in accordance with s.54, will operate from 16 January 2014. The nominal expiry date of the Agreement is 15 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Whiters Street Cranes Pty Ltd, sought approval of the Whiters Street Cranes Enterprise Agreement 2013-2016. The dispute arose from a disagreement between the applicant and the union, regarding the terms and conditions of employment for workers covered by the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for registration as a greenfield or transferor agreement. This involved examining the bargaining process, the terms and conditions of employment, and the provisions for dispute resolution. The Commission had to ensure the agreement was made in good faith, was not coercive or discriminatory, and provided for proper dispute resolution mechanisms.

After considering the evidence and submissions from both parties, the Commission found that the agreement was procedurally valid and met the necessary criteria for approval. The Commission concluded that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission approved the agreement, noting the importance of providing certainty and stability to the workforce. The decision was based on the evidence presented and the Commission's understanding of the relevant legal framework.

The final orders of the Commission were that the Whiters Street Cranes Enterprise Agreement 2013-2016 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the decision and would apply to the workers covered by the agreement. The Commission's decision provided a clear resolution to the dispute and established a framework for the terms and conditions of employment for the relevant workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established