DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6126)

BRENT YOUNG CRANES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2018

Application for variation of the Brent Young 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 Brent Young Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made by the 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 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to vary the Brent Young Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission (FWC), the tribunal established under the Fair Work Act 2009 to resolve disputes and issues arising under the Fair Work legislation. The dispute centres on the terms and conditions of employment for mobile crane operators within the hiring industry, specifically seeking amendments to the existing enterprise agreement.

The primary legal issues before the FWC were whether the proposed variations to the enterprise agreement met the requirements of the Fair Work Act, including whether they were necessary to address a change in circumstances, and if they were procedurally fair. The CFMEU argued that the variations were necessary due to significant changes in the industry, including technological advancements and the introduction of new types of mobile cranes, which necessitated adjustments to the terms and conditions of employment. The applicant also had to demonstrate that the proposed changes were in the best interests of the employees and that the process followed in negotiating the variations was fair and reasonable.

The FWC carefully examined the evidence presented by both parties, including expert testimony on industry changes and the impact on mobile crane operators. The tribunal considered whether the proposed variations were necessary to address a genuine change in circumstances and whether the process for negotiating these changes was fair and reasonable. After weighing the evidence and arguments, the FWC concluded that the variations were necessary and procedurally fair. The tribunal found that the changes were warranted to ensure the continued relevance and effectiveness of the enterprise agreement in light of the evolving industry landscape. Consequently, the FWC approved the variations as sought by the CFMEU.

The final orders of the FWC included the approval of the proposed variations to the Brent Young Cranes Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, effective from the date of the decision. The tribunal also mandated that the new terms be incorporated into the enterprise agreement, ensuring they are binding on all parties involved. The decision provides a clear framework for the updated terms and conditions of employment for mobile crane operators within the hiring industry, reflecting the changes in the industry and the need for fair and updated agreements.

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