DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6577)

ECH GEELONG T/AS EASTSIDE CRANE HIRE AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2018

Application for variation of the ECH Geelong T/As Eastside 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 ECH Geelong T/As Eastside 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] 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 27 February 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, Mining and Energy Union (CFMEU) and the employer entities, ECH Geelong T/As Eastside Crane Hire. The dispute centred on an application to vary the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The applicant sought amendments that would alter certain provisions of the existing agreement, which the respondent opposed on the basis that the changes were not in line with the principles of good faith bargaining and the broader economic and industry context.

The legal issues before the court encompassed whether the proposed variations to the enterprise agreement were justified under the Fair Work Act 2009. Specifically, the court had to determine if the changes were necessary to address economic and industry conditions, whether they were made in good faith, and if the variations would maintain or improve the overall conditions for employees. The court also needed to consider if the changes complied with the statutory requirements for enterprise agreements under the Act.

In delivering its decision, the court examined the evidence and arguments presented by both parties. It assessed the economic and industry context, the bargaining processes, and the impact of the proposed changes on employees. The court found that the variations were necessary to address current economic conditions and industry practices, and that they were made in good faith. The court also concluded that the changes would not disadvantage employees and were consistent with the principles of the Fair Work Act. Consequently, the application for variation was approved.

The court ordered that the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 be varied as per the terms set out in the application. This decision reflects the court's consideration of the need for adaptability in enterprise agreements to reflect current economic realities and the importance of maintaining good faith in the bargaining process.

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