DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6575)

WILLIAMSTOWN CRANE HIRE PTY LTD T/AS WILLIAMSTOWN CRANE HIRE AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 FEBRUARY 2018

Application for variation of the Williamstown Crane Hire Pty Ltd T/as Williamstown Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the Williamstown Crane Hire Pty Ltd T/as Williamstown Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made by Construction, Forestry, 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 22 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Williamstown Crane Hire, sought a variation to the existing enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission (FWC). The central issue before the FWC was whether the proposed variation, which included changes to working hours, shift patterns, and overtime provisions, was justified under the Fair Work Act 2009. Williamstown Crane Hire argued that the changes were necessary to remain competitive and to better manage operational costs. The CFMEU opposed the variation, contending that it would result in a significant reduction in employee entitlements and negatively impact their members' working conditions.

The FWC examined the arguments presented by both parties and considered various factors, including the economic viability of the applicant, the impact on employee working conditions, and the broader implications for the industry. The FWC found that the proposed changes were reasonable and necessary to ensure the continued operation of Williamstown Crane Hire, particularly in the context of increased competition and changing market conditions. The FWC also noted that the changes provided for adequate consultation with employees and their representatives. Consequently, the FWC approved the variation to the enterprise agreement, allowing the applicant to implement the proposed changes.

In its decision, the FWC emphasised the importance of balancing the needs of employers to remain competitive with the rights of employees to fair and reasonable working conditions. The FWC concluded that the proposed variation met the legal criteria for approval and was in the best interest of all parties involved. As a result, the FWC granted the application for variation of the Williamstown Crane Hire Pty Ltd T/as Williamstown Crane Hire and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

Construction, Forestry, 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