Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2222

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/601)

Premier Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019

Building, metal and civil construction industries
Deputy President Gostencnik	PERTH, 19 APRIL 2018

Application for variation of the Premier Cranes & Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

An application has been made for approval of a variation to the Premier Cranes & Rigging 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).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 19 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Premier Cranes & Rigging Pty Ltd. The matter pertained to an application for the variation of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The Commission was tasked with determining whether certain proposed changes to the enterprise agreement were justified under the Fair Work Act 2009.

The primary legal issues addressed by the Commission included whether the proposed changes to the enterprise agreement were necessary to achieve a fair working environment and whether they constituted good faith bargaining. The Commission also had to consider whether the changes were necessary to ensure the continued viability of the enterprise agreement and to accommodate changes in the industry's economic circumstances.

The Commission found that the changes proposed by Premier Cranes & Rigging Pty Ltd were necessary to ensure the continued viability of the enterprise agreement in light of significant economic changes within the industry. The changes were deemed to be in good faith, as they were necessary to maintain a fair and reasonable working environment for employees. The Commission concluded that the proposed changes were appropriate and necessary, taking into account the economic and operational realities faced by the parties. The application for variation was thus approved.

The Fair Work Commission ordered that the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be varied as per the terms outlined in the application by Premier Cranes & Rigging Pty Ltd. This decision was made in the interest of maintaining fair and reasonable working conditions within the industry and ensuring the continued viability of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established