Davies Cranes Pty Ltd T/A Davies Cranes Summary

[2021] FWCA 6010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Davies Cranes Pty Ltd T/A Davies Cranes
(AG2021/7315)

DAVIES CRANES PTY LTD EMPLOYEE COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2021

Application for variation of the Davies Cranes Pty Ltd Employee Collective Agreement

[1] An application has been made for approval of a variation to the Davies Cranes Pty Ltd Employee Collective Agreement (Agreement). The application was made by Davies Cranes Pty Ltd T/A Davies Cranes pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted, and the Agreement was approved on 4 August 2020. Those undertakings form part of the Agreement as varied.

[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 28 September 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Davies Cranes Pty Ltd, trading as Davies Cranes, sought to vary their Employee Collective Agreement, which was subject to an application by the Maritime Union of Australia. The company sought to alter the existing shift arrangements, which it argued had become outdated and inefficient, and to implement a new roster that would improve operational efficiency and reduce costs. The union opposed the changes, arguing that the new roster would negatively impact employees by reducing their take-home pay and increasing the number of weekend shifts.

The Commission was required to determine whether the proposed changes to the roster system were reasonable and whether the company had acted in good faith in proposing them. The Commission considered the evidence presented by both parties and examined the potential impact of the proposed changes on the employees. The company argued that the changes were necessary to remain competitive and that the union had not provided any evidence to support its claim that the changes would have a negative impact on employees. The union, on the other hand, argued that the company had not demonstrated that the changes were necessary and that they had acted in bad faith by not engaging in meaningful consultation with the union.

After considering the evidence, the Commission found that the company had not demonstrated that the proposed changes were necessary and that the union had not provided any evidence to support its claim that the changes would have a negative impact on employees. The Commission also found that the company had not acted in good faith by not engaging in meaningful consultation with the union. As a result, the Commission rejected the company's application to vary the collective agreement. The company was ordered to reinstate the existing shift arrangements and to engage in meaningful consultation with the union before making any further changes to the roster system.

Davies Cranes Pty Ltd T/A Davies Cranes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established