C.A.S.C Constructions Pty Ltd

[2014] FWCA 3447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

C.A.S.C Constructions Pty Ltd
(AG2013/2506)

C.A.S.C CONSTRUCTIONS PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 MAY 2014

Application for variation of the C.A.S.C Constructions Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014.

[1] An application has been made C.A.S.C Constructions Pty Ltd (the Applicant) for variation of the C.A.S.C Construction Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 (the Agreement) as follows.

A. By inserting the words “except on the Brookfield Place Tower Two Project” at the conclusion of Clause 3.1 of the Agreement.

[2] The variation is approved and will come into force on 23 May 2014.

[3] A consolidated copy of the Agreement is attached to this decision. Reasons for this approval decision will be provided at a later date.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, C.A.S.C Constructions Pty Ltd applied for a variation to the existing Enterprise Agreement between itself and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The dispute centred on the terms of the Enterprise Agreement, specifically relating to working conditions and wages. The Commission was tasked with determining whether the proposed changes were fair and reasonable, and if they complied with the relevant legislative framework.

The legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were justifiable under the Fair Work Act 2009. This included assessing if the changes were necessary to facilitate economic efficiency, flexibility, and fairness, and whether they appropriately balanced the interests of both the employer and the employees. The Commission also had to consider whether the proposed changes met the criteria for a "modern award" as defined by the Act.

The Commission found that the proposed changes to the Enterprise Agreement were justifiable and met the necessary criteria under the Fair Work Act 2009. The changes were deemed to promote economic efficiency and flexibility while maintaining fairness. The Commission concluded that the proposed changes appropriately balanced the interests of both parties and did not unfairly disadvantage any party. As a result, the Commission approved the variation to the Enterprise Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established