DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire
(AG2016/7533)

GOLDFIELDS CRANE HIRE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 8 DECEMBER 2016

Application for variation of the Goldfields Crane Hire Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the Goldfields Crane Hire Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Goldfields Crane Hire Pty Ltd, trading as Goldfields Crane Hire, applied to the Federal Circuit and Family Court of Australia for a variation of the Goldfields Crane Hire Enterprise Agreement 2014. The applicant sought changes to the agreement which currently governs the employment conditions of its employees. The Fair Work Commission had previously registered the agreement, and the current application was to amend certain provisions.

The legal issues before the court centred on whether the proposed changes to the agreement were in accordance with the Fair Work Act 2009 and whether they met the criteria for a certified agreement. The applicant argued that the changes were necessary to reflect current market conditions and business requirements, while the respondent contended that the changes were not warranted and would negatively impact employees.

The court examined the evidence presented by both parties and considered the principles established in relevant case law. The court found that the proposed changes did not meet the statutory requirements for a certified agreement, as they did not address the core issues of the agreement or provide sufficient benefits to the employees. The court also highlighted the importance of maintaining fair and reasonable terms in an enterprise agreement. As a result, the court dismissed the application for variation of the Goldfields Crane Hire Enterprise Agreement 2014.

Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established