DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/360)

THE TRUSTEE FOR TIGER CRANE TRADING TRUST T/AS TIGER CRANE PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 APRIL 2019

Application for variation of The Trustee For Tiger Crane Trading Trust T/As Tiger Crane Pty ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 -2019.

[1] An application has been made for approval of a variation to the Trustee For Tiger Crane Trading Trust T/As Tiger Crane Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 -2019 (the Agreement). The application was made by 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[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 23 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for a variation of The Trustee For Tiger Crane Trading Trust T/As Tiger Crane Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute was heard in the Fair Work Commission. The CFMEU sought a variation to the agreement to improve the working conditions of employees in the mobile crane hiring industry. The legal issues before the Commission were whether the proposed changes to the enterprise agreement were necessary and appropriate to address the issues raised by the CFMEU and whether the changes would have a significant impact on the industry.

The Commission considered the evidence presented by both parties and found that the proposed changes were necessary and appropriate to address the issues raised by the CFMEU. The Commission also found that the changes would not have a significant impact on the industry. The Commission noted that the changes were limited to a small number of employees and would not result in significant cost increases for employers. The Commission also found that the changes were consistent with the principles of the Fair Work Act and would not undermine the operation of the enterprise agreement.

The Commission granted the CFMEU's application for a variation of the enterprise agreement. The variation includes changes to the penalty rates for Sunday work and public holidays, as well as changes to the provisions relating to shift lengths and rest breaks. The variation also includes provisions for the establishment of a Mobile Crane Hiring Industry Training Fund, which will be used to provide training and education for employees in the industry. The final orders of the Commission were that the enterprise agreement be varied as set out in the decision and that the variation be registered with the Fair Work Commission.

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