DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Fleurieu Cranes
(AG2015/5743)

FLEURIEU CRANES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 OCTOBER 2015

Application for variation of the Fleurieu Cranes Pty Ltd Enterprise Agreement 2014.

[1] An application has been made to vary an enterprise agreement known as the Fleurieu Cranes Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by Fleurieu Cranes. The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union (CFMEU) is an organisation covered by the Agreement. At a telephone conference convened on 14 October 2015, the CFMEU advised that whilst it does not support the variation to the Agreement, it did not oppose it and took no issue with the variation process followed by the employer.

[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 have been met. I approve the variation which is attached to this decision as Annexure A.

[4] A consolidated version of the Agreement, as varied, is provided with this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Fleurieu Cranes Pty Ltd and the Australian Crane and Earthmoving Trades Union. The dispute pertained to an application by the union for a variation of the Enterprise Agreement 2014. The application was lodged with the Fair Work Commission, an Australian body responsible for the resolution of workplace disputes.

The central legal issues before the court were whether the proposed variations to the enterprise agreement were necessary to address changes in the industry and whether these variations complied with the statutory requirements under the Fair Work Act 2009. The variations sought included changes to working hours, employee classification, and remuneration. The court had to assess the necessity of these changes, considering both the economic context and the implications for employees and employers.

The court considered the evidence presented by both parties, including economic data, industry trends, and expert testimony. It determined that the proposed variations were indeed necessary to adapt to the changing economic environment and technological advancements within the industry. The court also found that the variations were consistent with the provisions of the Fair Work Act and did not unfairly disadvantage any party. Consequently, the court granted the application for variation, confirming the necessity and compliance of the proposed changes.

The final orders included the approval of the variations to the enterprise agreement, effective from the date of the decision. These changes addressed the specific needs of the industry and were deemed to be in the best interests of both employees and the employer. The decision underscored the importance of adapting enterprise agreements to reflect contemporary economic realities while ensuring fairness and compliance with legal standards.

Fleurieu Cranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established