DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5701)

J ASHDOWN FAMILY TRUST (THE TRUSTEE FOR) T/A CASEY CRANE HIRE PTY LTD AND THE CFMEU (VICTORIA) MOBILE CRANE HIRING ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 NOVEMBER 2018

Application for variation of the J Ashdown Family Trust (The Trustee For) T/As Casey Crane Hire 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 J Ashdown Family Trust (The Trustee For) T/As Casey Crane Hire 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 5 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for a variation of the J Ashdown Family Trust (The Trustee For) T/As Casey Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred around the interpretation and application of the enterprise agreement's provisions related to the use of mobile cranes and the associated safety and operational protocols. The applicant argued that certain practices of Casey Crane Hire Pty Ltd were not compliant with the enterprise agreement and required modification to ensure safety and fair labour practices.

The legal issues before the court involved the interpretation of specific clauses within the enterprise agreement and whether these clauses adequately covered the operational realities faced by Casey Crane Hire Pty Ltd. The main contention was whether the current agreement allowed the company to operate under certain conditions that the union deemed unsafe or contrary to the spirit of the agreement. The court had to determine whether these conditions were permissible under the existing terms and whether the union's proposed changes were necessary to address any identified shortcomings.

The court examined the language of the enterprise agreement and considered industry standards, safety regulations, and the practicalities of crane operations. It concluded that certain practices by Casey Crane Hire Pty Ltd did indeed fall outside the bounds of the agreement and that variations were necessary to ensure compliance with safety standards and fair labour practices. The court ordered modifications to the enterprise agreement to include clearer guidelines on crane operation, safety protocols, and other operational practices. These changes aimed to align the agreement with current safety standards and operational realities, thereby protecting both the workers and the company's interests.

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