"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Australian Workers' Union, The v CBI Constructors Pty Ltd T/A CB&I

The Australian Manufacturing Workers' Union and the Australian Workers' Union brought an action against CBI Constructors Pty Ltd T/A CB&I in the Fair Work Commission. The unions argued that the employer had introduced an afternoon shift in contravention of the enterprise agreement and the National Employment Standards (NES). The unions contended that the introduction of the afternoon shift constituted a change to the 'Usual Working Hours' as defined in the NES and the enterprise agreement. Furthermore, they argued that employees who interfaced with the afternoon shift effectively became day shift workers, thereby entitling them to entitlements under the agreement.

The court was required to determine whether the introduction of the afternoon shift constituted a change to the 'Usual Working Hours' and whether the day workers who interfaced with the afternoon shift were entitled to be considered as day shift workers under the agreement. The court considered the definition of 'Usual Working Hours' as set out in the NES and the enterprise agreement, as well as the terms of the agreement itself. The court also considered the impact of the introduction of the afternoon shift on the day workers who interfaced with it.

The Fair Work Commission found that the introduction of the afternoon shift did not constitute a change to the 'Usual Working Hours' as defined in the NES and the enterprise agreement. The court held that the definition of 'Usual Working Hours' was not limited to the hours worked by an employee on a day-to-day basis but rather encompassed the hours that an employee was required to work over a period of time. The court found that the introduction of the afternoon shift did not alter the hours that the day workers were required to work over a period of time and therefore did not constitute a change to their 'Usual Working Hours'. The court also found that the day workers who interfaced with the afternoon shift were not entitled to be considered as day shift workers under the agreement. The court held that the agreement did not provide for any specific entitlements for day workers who interfaced with the afternoon shift and that such workers were not entitled to the same entitlements as day shift workers.

The Fair Work Commission ordered that the employer take such steps as were necessary to ensure that the introduction of the afternoon shift did not result in any contravention of the NES or the enterprise agreement. The court also ordered that the employer take such steps as were necessary to ensure that the day workers who interfaced with the afternoon shift were not entitled to any additional entitlements under the agreement. The court did not order any specific remedy for the unions.