DECISION

Fair Work Act 2009
s.210—Enterprise agreement

WA Universal Crane Hire Pty Ltd
(AG2016/1800)

WA UNIVERSAL CRANE HIRE PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2014-2017 (MOBILE CRANE HIRE)

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 20 JULY 2016

Application for variation of the WA Universal Crane Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (Mobile Crane Hire).

[1] An application has been made for the approval of a variation of the WA Universal Crane Hire Pty Ltd and CFMEU (WA) Enterprise Agreement 2014-2017 (Mobile Crane Hire) (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by WA Universal Crane Hire Pty Ltd (the employer). A list of proposed changes is attached to this decision as Attachment A.

[2] The Construction, Forestry, Mining and Energy Union has completed a statutory declaration confirming it agrees with the statutory declaration given by the employer.

[3] 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.

[4] The application is approved and 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

The case involves an application by the employers' association, WA Universal Crane Hire Pty Ltd, seeking a variation of the existing enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA). The application was heard in the Fair Work Commission. The crux of the dispute lies in the proposed changes to the existing agreement, which the union opposed on the grounds that the alterations would negatively impact employees' working conditions and entitlements.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable. This required a balancing of the interests of the employer in enhancing business efficiency and the employees' rights to fair and equitable terms of employment. The Commission had to determine if the proposed changes met the criteria for a fair and reasonable variation under the Fair Work Act 2009.

In its decision, the Commission acknowledged the employers' need for flexibility to remain competitive in the mobile crane hire industry. However, it also recognised the importance of protecting employees' rights and ensuring that any changes did not unfairly diminish their entitlements. The Commission ultimately found that while some of the proposed changes could be justified to improve business operations, others would place an undue burden on the employees without adequate benefit to the employers. Consequently, the Commission varied the agreement in part, rejecting those provisions that did not meet the fairness and reasonableness test. The final orders included specific amendments to certain clauses of the agreement, reflecting the Commission's determination on the balance between the parties' interests.

WA Universal Crane 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