DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3867)

QUINLAN CRANES PTY LTD 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 Quinlan Cranes 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 Quinlan Cranes 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 7 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Quinlan Cranes Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from an application for variation of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Commission was tasked with determining whether the proposed changes to the enterprise agreement should be approved.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were in the interests of the employees covered by the agreement. The changes included adjustments to pay rates, hours of work, and other conditions of employment. The CFMEU argued that the changes would negatively impact the employees' conditions and were not in their best interests. On the other hand, Quinlan Cranes argued that the changes were necessary to ensure the company's continued viability and competitiveness in the market.

In its decision, the Commission found that the proposed changes to the enterprise agreement were in the best interests of the employees. The Commission considered the evidence presented by both parties and concluded that the changes would not adversely affect the employees' conditions of employment. The Commission also noted that the changes were necessary to ensure the long-term sustainability of the company, which in turn would protect the employees' jobs. As a result, the Commission approved the proposed changes to the enterprise agreement.

The Fair Work Commission approved the variation of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, with the changes coming into effect from the date of the decision. The Commission's decision was based on its finding that the changes were in the best interests of the employees covered by the agreement and necessary for the long-term sustainability of the company. The Commission also noted that the changes would not adversely affect the employees' conditions of employment.

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