Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7754)

T & H CONSTRUCTION SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 OCTOBER 2021

Application for variation of the T & H Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022

[1] An application has been made for approval of a variation to the T & H Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022 (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] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title T & H Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

T & H Construction Services 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 19 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for variation of the T & H Construction Services Pty Ltd / CFMEU Collective Agreement 2019-2022. The dispute centered around amendments to the agreement, specifically relating to conditions of employment. The Fair Work Commission (FWC) was tasked with determining the merits of the application and the subsequent implications for both the union and the employer.

The central legal issues before the FWC involved whether the proposed variations to the collective agreement were reasonable and necessary in the context of the existing industrial relationship. The FWC had to consider the balance of power between the parties, the fairness of the proposed changes, and whether they aligned with the principles of enterprise bargaining. Additionally, the court needed to assess whether the variations would adversely affect the employees' terms and conditions of employment, and if the proposed changes were consistent with the broader objectives of the Fair Work Act 2009.

The FWC found that the proposed variations were reasonable and necessary, taking into account the context of the existing industrial relationship and the need for flexibility in the industry. The court emphasized the importance of maintaining a fair and balanced agreement that reflects the realities of the construction industry. It noted that the changes were not detrimental to the employees and would not undermine the fundamental protections provided under the Fair Work Act. As such, the FWC approved the variations as proposed, ensuring that the collective agreement continued to serve the interests of both the union and the employer.

In conclusion, the FWC granted the application for variation of the collective agreement. The approved variations were to be implemented, reflecting the needs and realities of the industry while maintaining fairness and balance between the parties. This decision underscores the FWC's role in facilitating reasonable and necessary changes in enterprise agreements, ensuring that they align with the principles of enterprise bargaining and the broader objectives of the Fair Work Act.

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