DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Pinjarra Crane and Access Hire Pty Ltd
(AG2016/4042)

PINJARRA CRANE AND ACCESS HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 1 AUGUST 2016

Application for variation of the Pinjarra Crane and Access Hire Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the Pinjarra Crane and Access Hire Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Pinjarra Crane and Access Hire Pty Ltd. 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

Pinjarra Crane and Access Hire Pty Ltd was the subject of an application before the Fair Work Commission. The applicant, a union representing employees, sought to vary the existing enterprise agreement to introduce changes including adjustments to the classification of employees, variations to the shift patterns and the introduction of new penalty rates. The dispute centred on whether the proposed changes were necessary to address current and anticipated working conditions and to provide fair compensation to the employees.

The legal issues before the Commission were whether the proposed changes were necessary and appropriate to address the working conditions and compensation of the employees, and whether they complied with the relevant provisions of the Fair Work Act 2009. The employer argued that the proposed changes were excessive and would impose significant financial burdens, while the union contended that the changes were necessary to ensure fair and reasonable working conditions for the employees.

The Commission considered the evidence presented by both parties and assessed the necessity and appropriateness of the proposed changes. It found that the changes were necessary to address the working conditions and compensation of the employees and were in line with the objectives of the Fair Work Act. The Commission determined that the proposed changes were reasonable and appropriate and accordingly, granted the application for variation of the enterprise agreement. The decision provided clarity and guidance on the scope and content of the new agreement, ensuring that the rights and interests of both the employees and the employer were adequately protected.

Pinjarra Crane and Access Hire 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