DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5264)

CRANE-TECH CRANES & CONSULTING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 4 OCTOBER 2018

Application for variation of the Crane-Tech Cranes & Consulting 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 Agreement Crane-Tech Cranes & Consulting 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 4 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the variation of the Crane-Tech Cranes & Consulting Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, the Fair Work Commission (FWC) was tasked with considering the application. The application was brought by Crane-Tech Cranes & Consulting Pty Ltd, seeking amendments to the existing enterprise agreement. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, arguing that the proposed changes were not in the best interests of the employees covered by the agreement.

The central legal issues before the FWC were whether the proposed changes to the enterprise agreement were necessary and appropriate to address the current economic and operational realities faced by Crane-Tech. The FWC had to consider the principles of good faith bargaining, the need for flexibility in the enterprise agreement, and the impact of the proposed changes on the employees. Furthermore, the FWC needed to assess if the proposed changes would maintain or enhance the fairness and efficiency of the agreement.

The FWC found that the proposed changes to the enterprise agreement were necessary to accommodate the evolving business needs of Crane-Tech. The FWC determined that the proposed changes would not significantly impact the employees' working conditions and would, in fact, provide greater flexibility and efficiency in the operation of the company. The FWC concluded that the changes were in the best interests of both the employer and the employees, and granted the application for variation of the enterprise agreement.

The FWC issued orders that the enterprise agreement be varied as per the application, with the changes to take effect from the date of the decision. The FWC also directed that the parties must continue to negotiate in good faith to ensure that the agreement remains fair and efficient for all parties involved.

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