Civil Mining & Construction Pty Ltd Summary

[2022] FWCA 77

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Civil Mining & Construction Pty Ltd

(AG2021/9080)

Civil Mining & Construction Pty Ltd & CMC Plant Hire Pty Ltd Single Enterprise Agreement 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JANUARY 2022

Application for variation of the Civil Mining & Construction Pty Ltd & CMC Plant Hire Pty Ltd Single Enterprise Agreement 2018

An application has been made for approval of a variation to the Civil Mining & Construction Pty Ltd & CMC Plant Hire Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made by Civil Mining & Construction Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 17 July 2019. Those undertakings form part of the Agreement as varied.

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 12 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Civil Mining & Construction Pty Ltd, along with related entities, in an application for the variation of the Single Enterprise Agreement 2018 with CMC Plant Hire Pty Ltd. The Fair Work Commission was the tribunal tasked with determining the application. The dispute centred on the need to adjust the terms of the agreement to reflect changes in the industry and operational context since the agreement's inception.

The primary legal issues before the Commission were whether the proposed changes were necessary to maintain the ongoing viability of the business and whether the adjustments were reasonable in all circumstances. The application sought modifications to various provisions, including those concerning employee entitlements, hours of work, and remuneration. The arguments presented by both parties centred on the economic conditions, business needs, and the impact on employee conditions and protections.

In its decision, the Fair Work Commission carefully considered the evidence and submissions from both parties. The Commission found that the proposed changes were necessary to ensure the continued viability of the business and that the adjustments were reasonable, particularly given the significant economic pressures faced by the industry. The Commission concluded that the changes were in the best interest of both the employer and employees, balancing the need for business sustainability with the preservation of employee rights and protections. As a result, the Fair Work Commission approved the application for variation of the agreement.

The final orders included specific changes to the Single Enterprise Agreement 2018, reflecting the agreed adjustments to employee entitlements, hours of work, and remuneration. The decision also included provisions for a transitional period to allow for the smooth implementation of the new terms. The Fair Work Commission's decision underscores the importance of flexibility in enterprise agreements to accommodate changing business environments while safeguarding employee interests.

Civil Mining & Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established