DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City Circle Demolition & Excavation Pty Ltd T/A City Circle Demolition
(AG2017/4924)

CITY CIRCLE DEMOLITION & EXCAVATION PTY LTD T/AS CITY CIRCLE DEMOLITION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) DEMOLITION ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 NOVEMBER 2017

Application for variation of the CITY CIRCLE DEMOLITION & EXCAVATION T/As CITY CIRCLE DEMOLITON and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of a variation to the CITY CIRCLE DEMOLITION & EXCAVATION T/As CITY CIRCLE DEMOLITION and the CFMEU (Victorian Construction and General Division) Demolition Enterprise Agreement 2016 - 2018 (the Agreement). The application was made by City Circle Demolition & Excavation Pty Ltd T/A City Circle Demolition 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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 16 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved an application by City Circle Demolition & Excavation Pty Ltd T/A City Circle Demolition for a variation of the terms of the Demolition Enterprise Agreement 2016-2018 between themselves and the CFMEU (Victorian Construction and General Division). The applicants sought to amend certain provisions of the agreement, specifically relating to the classification of employees and the payment of wages. The application was heard by the Fair Work Commission.

The legal issues before the Commission centred on whether the proposed variations were justified under the Fair Work Act 2009. The key contention was whether the proposed changes were necessary to address a genuine change in circumstances and whether they were in the interests of fairness and equity. The Commission needed to determine whether the applicants had adequately demonstrated that the proposed changes were necessary and whether they would have a detrimental impact on the employees.

In delivering its decision, the Commission considered the evidence presented by both parties and the applicable legal principles. It found that the applicants had not provided sufficient evidence to demonstrate that the proposed changes were necessary or in the interests of fairness and equity. The Commission also noted that the proposed changes would have a detrimental impact on the employees, as they would result in a reduction in wages and a change in the classification of certain employees. Accordingly, the application was dismissed.

The Fair Work Commission dismissed the application for variation of the terms of the Demolition Enterprise Agreement 2016-2018 between City Circle Demolition & Excavation Pty Ltd T/A City Circle Demolition and the CFMEU (Victorian Construction and General Division). The Commission found that the applicants had not provided sufficient evidence to demonstrate that the proposed changes were necessary or in the interests of fairness and equity. The Commission also found that the proposed changes would have a detrimental impact on the employees, as they would result in a reduction in wages and a change in the classification of certain employees.

City Circle Demolition & Excavation Pty Ltd T/A City Circle Demolition

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established