Blundstone Australia Pty Ltd

[2025] FWCA 938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Blundstone Australia Pty Ltd

(AG2025/319)

BLUNDSTONE AUSTRALIA PTY LTD (MELBOURNE SITE) – CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023

Clothing industry
COMMISSIONER YILMAZ	MELBOURNE, 17 MARCH 2025

Application for variation of the Blundstone Australia Pty Ltd (Melbourne Site) – Construction Forestry, Maritime, Mining and Energy Union – Manufacturing Division Enterprise Agreement 2023

An application has been made for approval of a variation to the Blundstone Australia Pty Ltd (Melbourne Site) – Construction Forestry, Maritime, Mining and Energy Union – Manufacturing Division Enterprise Agreement 2023 (the Agreement). The application was made by Blundstone Australia Pty Ltd pursuant to s.210 of Fair Work Act 2009 (Cth) (the 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 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 24 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blundstone Australia Pty Ltd recently appeared before the Fair Work Commission, seeking to vary the 2023 Enterprise Agreement with the Construction Forestry, Maritime, Mining and Energy Union – Manufacturing Division. The company argued that the current agreement was no longer sustainable due to significant changes in the business environment, including economic pressures and operational challenges. The union, however, opposed the application, asserting that any changes would adversely affect the employees' terms and conditions without providing sufficient justification.

The central legal issue before the Commission was whether the variations proposed by Blundstone Australia Pty Ltd met the threshold for a "material change in circumstances" as required by the Fair Work Act. The company needed to demonstrate that the changes were necessary and reasonable in the context of altered economic conditions and business realities. The union contended that the proposed changes were more reflective of a desire to reduce costs rather than a genuine response to a material change in circumstances.

In its decision, the Fair Work Commission carefully considered the evidence presented by both parties. The Commission acknowledged the economic difficulties faced by the company but was particularly focused on whether these difficulties amounted to a material change in circumstances. The Commission found that while the company had demonstrated some operational challenges, it had not sufficiently established that these challenges warranted the proposed variations to the enterprise agreement. The Commission was also mindful of the impact the changes would have on the employees and concluded that the company had not met the required threshold. Consequently, the application for variation was dismissed.

No further orders were made by the Commission, leaving the 2023 Enterprise Agreement in place as originally agreed between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established