Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7801)

OZ COMMERCIAL INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 OCTOBER 2021

Application for variation of the Oz Commercial Interiors Pty Ltd/CFMEU Collective Agreement 2019-2022

[1] An application has been made for approval of a variation to the Oz Commercial Interiors Pty Ltd/CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “Oz Commercial Interiors Pty Ltd/CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Oz Commercial Interiors Pty Ltd/CFMEU Collective Agreement 2019-2023

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 25 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Oz Commercial Interiors Pty Ltd. The dispute centred on the application to vary the Collective Agreement 2019-2022. The Fair Work Commission heard the application. The primary legal issue before the Commission was whether the proposed variations to the Collective Agreement were in the interests of achieving a productive workplace relationship and promoting workplace harmony. The Commission needed to assess if the changes would reasonably and fairly contribute to these objectives.

The Commission considered various factors, including the economic context, the nature of the industry, and the impact of the proposed changes on both the employees and the employer. It was noted that the variations aimed to address specific issues raised by the employer regarding operational efficiency and productivity. The Commission recognised the importance of maintaining a balanced approach that considered the interests of both parties. After careful consideration, the Commission determined that the proposed variations would not reasonably and fairly contribute to achieving a productive workplace relationship and promoting workplace harmony. Consequently, the application for variation was dismissed.

The Commission's decision was grounded in the need to ensure that any changes to the Collective Agreement would benefit both the employees and the employer while maintaining a fair and balanced approach. The decision reflects the Commission's commitment to promoting fair work practices and maintaining harmonious workplace relationships. The final orders of the Commission were that the application for variation of the Collective Agreement 2019-2022 between Oz Commercial Interiors Pty Ltd and CFMEU be dismissed.

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