DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fleurieu Cranes Pty Ltd
(AG2017/2838)

FLEURIEU CRANES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 25 JULY 2017

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

[1] An application has been made for approval of a variation of 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 (the Act) by Fleurieu Cranes Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by, in clause 6.2.4:

● Replacing the words “contractual obligations or unforeseen circumstances” with the words “operational reasons”; and
● Adding a new sentence at the end of the clause which states “Where an employee has not observed a closedown, the employee will be required to take at least one two week block of leave during the year”.

[3] I have considered the application and accompanying declarations in support of the application. 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.

[4] The Agreement is approved and will operate from 25 July 2017. The nominal expiry date of the Agreement remains as 6 November 2017.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Fleurieu Cranes Pty Ltd was the subject of an application for variation of an enterprise agreement by the Australian Crane & Earthmoving Association SA Division and the National Transport and General Workers' Union. The application was brought before the Fair Work Commission, which was required to determine whether the proposed changes to the agreement were fair and reasonable. The applicants sought amendments to the existing agreement, which had been in place since 2014. The proposed changes included alterations to the working hours, overtime provisions, and shift allowances for employees. The National Transport and General Workers' Union opposed the application, arguing that the proposed changes would negatively impact the employees' working conditions and entitlements.

The commission was required to assess whether the proposed changes were fair and reasonable in the context of the overall enterprise agreement. This involved examining the nature of the changes, the reasons for the changes, and the potential impact on the employees. The commission considered various factors, including the economic and operational context of the industry, the bargaining power of the parties, and the need to maintain a fair and balanced agreement. The commission also took into account the views and submissions of both the applicants and the union, as well as any relevant evidence and expert opinions.

After careful consideration of all the submissions and evidence, the commission determined that the proposed changes to the enterprise agreement were fair and reasonable. The commission found that the changes were necessary to adapt to changing economic and operational conditions in the industry, and that they would not result in a significant detriment to the employees. The commission noted that the applicants had demonstrated a genuine willingness to negotiate and reach a fair agreement, and that the changes were consistent with industry practices and trends. The union's concerns about the potential impact on employees were also taken into account, but the commission ultimately concluded that the changes were in the best interests of all parties.

The commission made orders varying the enterprise agreement in accordance with the applicants' proposal. The orders included changes to the working hours, overtime provisions, and shift allowances for employees. The commission also made provisions for the transition period during which the changes would be implemented, and for any disputes that may arise in relation to the new agreement. The union's concerns were addressed through specific provisions that aimed to mitigate any potential negative impacts on employees. The applicants were required to provide written confirmation that they would comply with the terms of the new agreement and the orders of the commission.

Fleurieu Cranes Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established