Universal Cranes (Central Queensland) Pty Ltd T/A Universal Cranes Summary

[2024] FWCA 1588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Universal Cranes (Central Queensland) Pty Ltd T/A Universal Cranes

(AG2024/783)

UNIVERSAL CRANES CENTRAL QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 MAY 2024

Application for variation of the Universal Cranes Central Queensland Enterprise Agreement 2023 – 2026

An application has been made for approval of a variation to the Universal Cranes Central Queensland Enterprise Agreement 2023 - 2026 (Agreement). The application was made by Universal Cranes (Central Queensland) Pty Ltd T/A Universal Cranes pursuant to
s 210 of the Fair Work Act 2009 (Cth) ( Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss .210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss. 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
25 October 2023. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s 216 of the Act, the variation operates from 2 May 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Universal Cranes (Central Queensland) Pty Ltd, trading as Universal Cranes, applied to the Fair Work Commission for a variation of the Universal Cranes Central Queensland Enterprise Agreement 2023 – 2026. The applicant sought changes to the agreement which governs the terms and conditions of employment for its employees. The dispute centred on the proposed changes to the agreement, including alterations to wage rates, leave provisions, and working hours. The matter was heard by the Fair Work Commission, which has jurisdiction over enterprise agreements and industrial disputes under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the proposed changes to the enterprise agreement were in accordance with the provisions of the Fair Work Act. The applicant argued that the changes were necessary to remain competitive and to address the changing economic conditions. The union representing the employees contested the changes, arguing that they would negatively impact the employees' conditions and entitlements. The Commission had to balance the applicant's need for flexibility with the employees' right to fair and reasonable terms of employment.

The Fair Work Commission considered the application in light of the principles of enterprise bargaining and the objectives of the Fair Work Act. The Commission examined the evidence presented by both parties, including the economic circumstances, the nature of the business, and the impact of the proposed changes on the employees. After careful consideration, the Commission found that the proposed changes were reasonable and necessary to maintain the business's competitiveness while also ensuring that the employees' interests were protected. The Commission approved the variation of the enterprise agreement, incorporating the changes sought by the applicant.

The Commission issued orders approving the variation of the Universal Cranes Central Queensland Enterprise Agreement 2023 – 2026, as proposed by the applicant. The new agreement included the amended terms and conditions of employment, effective from the date of the Commission's decision. The union was given the right to apply for registered agreements based on the varied agreement within the prescribed timeframe. This decision ensures that the enterprise agreement remains fair and reasonable, while also allowing the applicant to adapt to the changing economic environment.

Universal Cranes (Central Queensland) Pty Ltd T/A Universal Cranes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established