Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 1207

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6639)

Boom Logistics (Vic) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Agreement 2016-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

Application for variation of the Boom Logistics (Vic) Pty Ltd and the CFMEU Mobile Crane Hiring Industry Agreement 2016-2019.

An application has been made for approval of a variation to the Boom Logistics (Vic) Pty Ltd and the CFMEU Mobile Crane Hiring Industry 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).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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.

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

In accordance with s.216 of the Act, the variation operates from 26 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought to vary the Mobile Crane Hiring Industry Agreement 2016-2019 with Boom Logistics (Vic) Pty Ltd. The Fair Work Commission was tasked with determining whether the proposed changes to the agreement were fair and reasonable. The central issue before the Commission was whether the amendments to the agreement, which included changes to work arrangements, classification of employees, and pay rates, were fair and reasonable in all circumstances. The CFMEU argued that the changes reflected changes in industry practices and were necessary to remain competitive, while Boom Logistics contended that the changes were excessive and not justified. The Commission considered the overall fairness of the proposed changes, taking into account the economic context, industry practices, and the need for a balance between the interests of the employer and employees. The Commission found that while some of the proposed changes were reasonable, others were not justified and did not reflect a fair and reasonable outcome in all the circumstances. Consequently, the Commission varied the agreement in part, making specific changes to the classification of employees and pay rates, but rejected others. The Fair Work Commission ordered that the agreement be varied as follows: the classification of certain employees was adjusted to better reflect their roles, and pay rates were amended to account for industry standards and changes. However, the Commission did not approve changes related to work arrangements, finding them to be excessive and not warranted by the evidence presented.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established