DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1161)

SKYLIFT CRANE SERVICES (AUST) PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2018

Application for variation of the Skylift Crane Services (Aust) 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 Skylift Crane Services (Aust) 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 9 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Skylift Crane Services (Aust) Pty Ltd, sought a variation to the existing enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission (FWC). The primary legal issues before the Commission were whether the proposed changes to the agreement were reasonable and appropriate, considering the principles of enterprise bargaining and the need to maintain a fair and efficient workplace. The applicant argued that the changes were necessary to address operational inefficiencies and market conditions, while the CFMEU contended that the changes would disadvantage employees without providing commensurate benefits.

The Commission examined the evidence presented by both parties, focusing on the economic context, industry standards, and the impact of the proposed changes on employees. The applicant demonstrated that the changes were aligned with industry practices and necessary to remain competitive. The CFMEU argued that the changes would lead to increased workload and reduced job security for employees. After careful consideration of the submissions and evidence, the Commission determined that the changes proposed by the applicant were reasonable and appropriate. The Commission found that the applicant had adequately justified the changes, and that they did not undermine the fundamental principles of the enterprise agreement.

The Commission granted the application for variation, allowing the proposed changes to the enterprise agreement to proceed. The decision emphasised the importance of maintaining a balanced approach in enterprise bargaining, recognising the need for flexibility in the workplace while also protecting the interests of employees. The final orders of the Commission mandated that the varied agreement be implemented in accordance with the terms outlined in the application, with specific provisions for transitional arrangements and the protection of employee rights during the period of change.

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