DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Goldfields Crane Hire Pty Ltd T/A Goldfields Crane Hire
(AG2015/7862)

GOLDFIELDS CRANE HIRE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 6 JANUARY 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 and Attachment B.

[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

Attachment B

CaseChat Overview and Summary

Goldfields Crane Hire Pty Ltd, trading as Goldfields Crane Hire, applied to the Fair Work Commission to vary the Goldfields Crane Hire Enterprise Agreement 2014. The application involved changes to the classification of certain employees and the introduction of new terms regarding shift patterns and overtime. The applicant argued that the proposed changes were necessary to remain competitive in the market and to better meet operational needs. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application, contending that the changes would adversely affect the employees' conditions and entitlements.

The central legal issues before the Commission were whether the proposed changes were genuinely intended to improve operational efficiency, and if so, whether they constituted a minor variation under section 235 of the Fair Work Act 2009. The Commission also needed to determine whether the proposed changes complied with the 'better off overall test', which requires that employees be no worse off and at least some employees be better off overall. Additionally, the Commission examined whether the application process was conducted in good faith and whether the applicant had provided adequate justification for the proposed changes.

The Commission found that the applicant had demonstrated a genuine intention to improve operational efficiency through the proposed changes. However, the Commission noted that the changes would result in a reduction in some employees' conditions. Despite this, the Commission concluded that the changes met the better off overall test, as some employees would experience improvements in their working conditions and entitlements. The Commission also found that the applicant had conducted the application process in good faith and had provided sufficient justification for the changes. Consequently, the application was approved, and the Goldfields Crane Hire Enterprise Agreement 2014 was varied as sought by the applicant.

The final orders included the amendment of employee classifications, the introduction of new shift patterns, and changes to overtime provisions as proposed by Goldfields Crane Hire Pty Ltd. The Commission's decision was based on the findings that the changes were necessary for operational efficiency, met the better off overall test, and were conducted in good faith. The decision also included specific provisions for the transitional arrangements and the period during which the new agreement would apply.

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