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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Freo Group Pty Ltd has applied to the Fair Work Commission for a variation of the Global Cranes Pty Ltd Crane Operators Enterprise Agreement 2011. The application concerns changes to the enterprise agreement's provisions regarding shift patterns, overtime, and penalty rates. The dispute arose from disagreements between Freo Group and the relevant union representatives over proposed amendments to the agreement's terms. The Fair Work Commission was tasked with determining whether the proposed changes to the enterprise agreement were fair and reasonable under the relevant legislative framework.

The central legal issues before the Commission were whether the proposed variations to the enterprise agreement were justifiable under the Fair Work Act 2009 and whether they met the criteria for being considered fair and reasonable. The Commission had to consider the principles of good faith bargaining, the impact of the proposed changes on the employees, and whether the changes were necessary and appropriate in the circumstances. The Commission also needed to determine whether the process through which the variations were negotiated was fair and whether the agreement adequately reflected the balance of interests of both parties.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties and the broader context of the enterprise agreement. The Commission found that the proposed changes to the agreement were reasonable and necessary, taking into account the specific circumstances of the business and the need for flexibility in shift patterns and overtime arrangements. The Commission also concluded that the process of negotiation was fair and that the proposed changes did not undermine the overall balance of the agreement. Accordingly, the Commission approved the variations to the Global Cranes Pty Ltd Crane Operators Enterprise Agreement 2011 as proposed by Freo Group. The final orders of the Commission confirmed the approval of the variations and directed that the amended agreement be registered with the Fair Work Commission.

Freo Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established