Freo Group Pty Ltd

[2015] FWCA 4650

[2015] FWCA 4650

FAIR WORK COMMISSION

DECISION

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

Freo Group Pty Ltd
(AG2015/3155)

GLOBAL CRANES PTY LTD CRANE OPERATORS ENTERPRISE AGREEMENT 2011

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 JULY 2015

Application for variation of the Global Cranes Pty Ltd Crane Operators Enterprise Agreement 2011.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Freo Group Pty Ltd for the approval of a variation to the Global Cranes Pty Ltd Crane Operators Enterprise Agreement 2011 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

A. At sub clause 1.2.2, by deleting the sub clause and replacing as below:

1.2.2 All employees employed in the Queensland (excluding Moranbah and Nebo), New South Wales, South Australia or Northern Territory branches/depots of the Employer in any of the classifications specified in the classification structure referred to in Schedule 2 (Employees).

B. At clause 5.1, by deleting the clause and replacing as below:

5.1 As an integral part of improving labour utilisation productivity and to maintain a flexible and multi-skilled work force to perform all the functions associated with the Employer’s business activities at its Queensland (excluding Moranbah and Nebo), New South Wales, South Australia or Northern Territory depots under this Agreement, it is agreed that the duties listed below will be considered to be part of normal duties:

[no variation to sub clauses 5.1.1-5.1.9]

C. By deleting Schedule 3 – Allowances and replacing it as below:

Schedule 3 Allowances

Phone Allowance
The Employer must pay each Employee a phone allowance of $5.00 per week when the Employee is not on leave for the whole of the week.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 9 July 2015.

[6] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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