DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/612)

MCL CRANE HIRE 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 MCL CRANE HIRE 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 MCL CRANE HIRE 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 19 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for a variation of the MCL Crane Hire Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The dispute arose from the differing views between the parties on the terms and conditions of employment for mobile crane operators.

The central legal issue before the court was whether the proposed variation to the enterprise agreement was fair and reasonable, taking into account the various factors outlined in the Fair Work Act 2009. This included examining whether the variation would result in appropriate outcomes for both employers and employees, and whether it would have a positive impact on the industry's competitiveness, productivity, and sustainability. The court also needed to assess if the variation was consistent with the principles of enterprise bargaining, and whether it provided for an effective and efficient method of resolving workplace disputes.

In reaching its decision, the court considered the evidence and arguments presented by both parties, along with the broader economic and industry context. The court found that the proposed variation was fair and reasonable, as it aimed to address the need for increased flexibility in the industry, while also providing for appropriate protections for employees. The court was satisfied that the variation would have a positive impact on the industry's competitiveness, productivity, and sustainability, and that it was consistent with the principles of enterprise bargaining. The court concluded that the proposed variation was in the best interests of both employers and employees, and therefore granted the variation as sought by the CFMEU. The final orders included the approval of the variation to the enterprise agreement, with specific provisions relating to wages, working conditions, and dispute resolution mechanisms.

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