DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5024)

INTERNATIONAL CRANE CREW PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2018

Application for variation of the International Crane Crew 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 International Crane Crew 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 26 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, an industrial organisation, applied to the Fair Work Commission for a variation of the International Crane Crew Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019. The applicant sought an alteration to the enterprise agreement to include additional provisions regarding the use of subcontractors. The International Crane Crew Pty Ltd, an employer, opposed the application. The Fair Work Commission, as the body with jurisdiction over such matters, was tasked with determining whether the proposed variation should be approved.

The central legal issue before the Commission was whether the proposed variation to the enterprise agreement was in accordance with the relevant legislative framework. Specifically, the Commission had to consider whether the application met the criteria for a variation set out in section 235 of the Fair Work Act 2009 (Cth). The applicant needed to demonstrate that the proposed changes were necessary to prevent a detriment to employees, to promote better industrial relations, or to address a genuine dispute in the industry. The employer, on the other hand, argued that the proposed changes would not meet these criteria and would instead have adverse effects on the business.

The Commission found that the proposed variation did not meet the necessary criteria for approval. The applicant had failed to demonstrate that the changes were necessary to prevent a detriment to employees, promote better industrial relations, or address a genuine dispute in the industry. Furthermore, the employer argued that the proposed changes would lead to increased costs and potential job losses, which would not be in the best interests of the employees or the business. Taking these factors into account, the Commission concluded that the application should be dismissed.

Consequently, the Fair Work Commission dismissed the application for variation of the International Crane Crew Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016 - 2019. The proposed changes to the enterprise agreement were not deemed necessary to meet the criteria set out in section 235 of the Fair Work Act 2009 (Cth), and the employer's concerns regarding increased costs and potential job losses were considered valid. As a result, the enterprise agreement remains unchanged, and the applicant's proposed alterations were not incorporated.

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