Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7871)

TRENDGOSA PTY LTD AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 NOVEMBER 2021

Application for variation of the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2020

[1] An application has been made for approval of a variation to the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2020 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union 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 3 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, on behalf of the employees, applied for a variation of the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2020. The company sought to alter certain provisions of the agreement, which would impact employees' working conditions and entitlements. The primary legal issue before the Commission was whether the proposed variations were justifiable under the Fair Work Act 2009, considering the need for flexibility in the enterprise agreement to adapt to changing business circumstances.

The Commission examined the evidence presented by both parties and considered the criteria for approving variations under the Act. It evaluated the reasonableness of the changes in light of the current economic environment, the impact on employees, and the need for the enterprise to remain competitive. The Commission also took into account the principles of good faith bargaining and the importance of maintaining a fair and equitable balance between the interests of the employer and employees. Ultimately, the Commission found that the proposed variations were reasonable and necessary to address the changing circumstances faced by the enterprise, and therefore granted the application for variation.

The Fair Work Commission ordered the variation of the Trendgosa Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2020, as applied for by the employer. The specific changes included adjustments to working hours, leave entitlements, and certain pay rates, reflecting the evolving needs of the business while ensuring that employees' rights were protected. The decision underscores the importance of maintaining a flexible and adaptive approach to enterprise agreements in response to changing economic conditions, while also upholding the principles of fairness and good faith bargaining.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established