DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5754)

METCALF CRANE SERVICES PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 DECEMBER 2017

Application for variation of the Metcalf Crane Services 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 Metcalf Crane Services Pty Ltd 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 21 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Metcalf Crane Services Pty Ltd. The dispute centred on the application for variation of the Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The case was heard in the Fair Work Commission, a tribunal with specialised industrial jurisdiction. The union sought changes to the agreement, arguing that certain clauses did not adequately protect workers' rights and conditions, while the employer maintained that the existing terms were fair and reasonable.

The primary legal issues the court had to address were whether the proposed changes to the enterprise agreement were necessary to ensure fairness and reasonableness, and whether such changes aligned with the objectives of the Fair Work Act 2009. This included assessing the impact of the proposed variations on both employees and employers, and ensuring that any changes made were justifiable under the relevant legislative framework.

The Fair Work Commission, after considering the submissions from both parties, determined that several of the proposed changes were warranted. The court found that certain clauses did indeed require amendment to adequately protect workers, particularly in terms of safety and working conditions. The commission emphasised the importance of maintaining a balance between the interests of employers and employees, and concluded that the proposed variations were necessary to achieve a fair and reasonable outcome. The court's decision was grounded in a thorough analysis of the existing agreement and the evidence presented regarding the need for amendments.

The final orders included the approval of several amendments to the enterprise agreement, which aimed to enhance worker protections and address specific concerns raised by the union. The court's decision was made in the interest of ensuring fairness and reasonableness in the workplace, reflecting a commitment to upholding the principles of the Fair Work Act.

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