DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3264)

PRESTON HIRE (VIC) PTY LIMITED AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2018

Application for variation of the Preston Hire (Vic) Pty Limited and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the Preston Hire (Vic) Pty Limited 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 7 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application with the Fair Work Commission (FWC) to vary the Preston Hire (Vic) Pty Limited and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute centred on whether certain terms and conditions in the agreement were fair and reasonable, particularly regarding the classification of workers and their entitlements. The FWC was required to determine if the proposed changes would achieve a more equitable outcome for the workers involved.

The primary legal issues addressed by the FWC were whether the proposed changes to the enterprise agreement were procedurally and substantively fair. The FWC had to consider the fairness of the changes concerning the classification of workers, the adequacy of the proposed entitlements, and whether the changes met the objectives of the Fair Work Act 2009. The FWC also examined if the changes were necessary to address the specific needs and conditions of the workers in the mobile crane hiring industry.

The FWC found that the proposed changes to the enterprise agreement were procedurally fair, as they had been developed through good faith bargaining and consultation between the parties. The FWC determined that the changes were substantively fair, as they addressed the concerns raised by the CFMEU and provided improved conditions for the workers. The FWC concluded that the changes were necessary to achieve a more equitable outcome for the workers in the mobile crane hiring industry, and that they met the objectives of the Fair Work Act 2009.

The FWC subsequently made orders varying the Preston Hire (Vic) Pty Limited and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 as proposed. The new agreement included changes to the classification of workers, their entitlements, and other terms and conditions of employment. The decision by the FWC was based on the findings that the proposed changes were fair and reasonable, and that they met the objectives of the Fair Work Act 2009.

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