DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4501)

EVERWILLING TOWER CRANES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 APRIL 2021

Application for variation of the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title “Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2019-2022” with the following:

Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 9 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for a variation of the collective agreement between Everwilling Tower Cranes Pty Ltd (Everwilling) and the CFMEU. The CFMEU sought changes to the agreement, including provisions related to the use of cranes and the classification of employees. Everwilling opposed the application, arguing that the proposed changes were unreasonable and would impose significant additional costs on the business.

The FWC considered the application in light of the principles of good faith bargaining and the need for a fair and reasonable outcome. The FWC examined the economic and operational impacts of the proposed changes on Everwilling, as well as the broader implications for the industry and employees. The Commission also considered the parties' respective bargaining positions and the need to balance the interests of both employers and employees.

The FWC found that some of the proposed changes were reasonable and in the interests of both parties. The FWC varied the agreement to include provisions that aligned with the CFMEU's application, while also taking into account Everwilling's concerns about the economic impact. The FWC emphasised the importance of good faith bargaining and the need for a fair outcome that considers the interests of both employers and employees. The FWC also noted the need for flexibility and adaptability in collective agreements to respond to changing industry conditions.

The FWC ordered that the Everwilling Tower Cranes Pty Ltd / CFMEU Collective Agreement 2019-2022 be varied as set out in the decision. The changes included provisions related to the use of cranes and the classification of employees, among other matters. The FWC's decision highlights the importance of balancing the interests of both employers and employees in collective agreements and the need for good faith bargaining.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established