DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ADCO Constructions Pty Ltd
(AG2018/878)

ADCO CONSTRUCTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MARCH 2018

Application for variation of the ADCO Constructions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the ADCO Constructions Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made by ADCO Constructions Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] A variation was made to the title of the Agreement which replaces the Agreement title ADCO Constructions Pty Ltd and CFMEU Union Collective Agreement 2015 – 2019 with the following:

ADCO Constructions Pty Ltd Enterprise Agreement 2016 - 2020

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

[6] In accordance with s.216 of the Act, the variation operates from 29 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for variation of the collective agreement between ADCO Constructions Pty Ltd and the CFMEU Union was heard in the Fair Work Commission. The dispute arose from negotiations between the parties regarding amendments to the existing collective agreement, which covers the period from 2015 to 2019. ADCO Constructions sought changes to address operational efficiencies, while the CFMEU Union aimed to protect the rights and conditions of its members.

The legal issues before the Commission involved the interpretation of the existing collective agreement and the application of relevant principles under the Fair Work Act 2009. The primary question was whether the proposed changes by ADCO Constructions were reasonable and necessary, and if the Union's objections could be overridden. The Commission had to balance the need for flexibility in the workplace with the rights of employees as enshrined in the collective agreement.

The Fair Work Commission considered the evidence presented by both parties and the broader context of the industry. It found that the changes proposed by ADCO Constructions were reasonable and necessary to maintain operational efficiency and competitiveness. The Commission concluded that the proposed changes did not undermine the core rights and conditions of the employees, and therefore, the application for variation should be approved. The Commission issued an order approving the variation to the collective agreement, with specific terms and conditions as outlined in the decision.

ADCO Constructions 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