[2013] FWCA 4621 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
North Queensland Crane Services Pty Ltd T/A NQCranes
(AG2013/7368)
NQCRANES ENTERPRISE AGREEMENT 2011
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 11 JULY 2013 |
Application for variation of the NQCranes Enterprise Agreement 2011.
[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by North Queensland Crane Services Pty Ltd T/A NQCranes for the approval of a variation to the NQCranes Enterprise Agreement 2011 (“the Agreement”). 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.
[2] The Agreement is varied as follows:
(a) In Appendix A, Part A, the table headed “Effective from the 1st July 2013” is deleted and replaced by the following table:
Effective from the 1st July 2013
Job Title | Full-Time Hourly Rate | Part-Time Hourly Rate | Casual Hourly Rate |
Crane Technician (Level 1) | $38.06 | $38.06 | $47.52 |
Crane Technician (Level 2) | $39.92 | $39.92 | $49.89 |
Senior Crane Technician | $42.10 | $42.10 | $51.93 |
Employees’ tool allowance and overtime meal allowance is included in the above rates
(b) In Appendix A, Part B, the table headed “Effective from the 1st July 2013” is deleted and replaced by the following table:
Effective from the 1st July 2013
Job Title | Full-Time Hourly Rate | Part-Time Hourly Rate | Casual Hourly Rate |
Crane Technician (Level 1) | $40.13 | $40.13 | $50.16 |
Crane Technician (Level 2) | $42.02 | $42.02 | $52.52 |
Senior Crane Technician | $43.59 | $43.59 | $54.48 |
Employees’ tool allowance and overtime meal allowance is included in the above rates
(c) In Appendix A, Part C, the table headed “Effective from the 1st July 2013” is deleted and replaced by the following table:
Effective from the 1st July 2013
Job Title | Full-Time Hourly Rate | Part-Time Hourly Rate | Casual Hourly Rate |
Crane Technician (Level 1) | $38.42 | $38.42 | $48.03 |
Crane Technician (Level 2) | $40.29 | $40.29 | $50.37 |
Senior Crane Technician | $42.51 | $42.51 | $53.13 |
Employees’ tool allowance and overtime meal allowance is included in the above rates
(d) In Appendix A, Part D, the table headed “Effective from the 1st August 2013” is deleted and replaced by the following table:
Effective from the 1st August 2013
Job Title | Full-Time Hourly Rate | Part-Time Hourly Rate | Casual Hourly Rate |
Crane Technician (Level 1) | $52.52 | $52.52 | $65.65 |
Crane Technician (Level 2) | $54.62 | $54.62 | $68.28 |
Senior Crane Technician | $57.77 | $57.77 | $72.22 |
Employees’ tool allowance and overtime meal allowance is included in the above rates
(e) In Appendix A, Part E, the table headed “Effective from the 1st July 2013” is deleted and replaced by the following table:
Effective from the 1st July 2013
Job Title | Full-Time Hourly Rate | Part-Time Hourly Rate | Casual Hourly Rate |
Tradesperson (Level 1) | $38.42 | $38.42 | $48.03 |
Tradesperson (Level 2) | $40.29 | $40.29 | $50.37 |
Tradesperson (Level 3) | $42.51 | $42.51 | $53.13 |
Purchasing Officer | $32.54 | $32.54 | $40.67 |
Store Person/Trades Assistant | $28.61 | $28.61 | $35.76 |
Employees’ tool allowance and overtime meal allowance is included in the above rates
[3] The variation is approved and will come into operation on 11 July 2013.
[4] A consolidated copy of the Agreement is attached to this decision.
SENIOR DEPUTY PRESIDENT
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- AGLC
- North Queensland Crane Services Pty Ltd T/A NQCranes [2013] FWCA 4621
- Case
- [2013] FWCA 4621
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the proposed changes were genuinely necessary for the applicants to operate their business efficiently and whether the changes were fair and reasonable in the circumstances. The applicants contended that the changes were necessary to ensure their business's viability and competitiveness, particularly in light of market pressures and financial constraints. The respondents, on the other hand, argued that the proposed changes were excessive and would result in significant detriment to the employees, contrary to the principles of fairness and good faith bargaining.
The Fair Work Commission carefully considered the evidence and arguments presented by both parties. It found that the applicants had demonstrated a genuine need for the proposed changes due to the economic challenges faced by the business. The Commission also determined that the changes were fair and reasonable, taking into account the overall fairness of the agreement and the interests of the employees. Consequently, the application for variation was approved, with the revised terms of the enterprise agreement coming into effect.
In conclusion, the Fair Work Commission allowed the application for variation of the NQCranes Enterprise Agreement 2011, permitting the applicants to implement the proposed changes. The decision was based on the necessity of the changes for the applicants' business operations and the overall fairness of the revised agreement. The Commission's decision ensures that the enterprise agreement reflects the current economic conditions while maintaining a fair balance between the interests of the employer and the employees.
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