Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7652)

ORIEL BUILDING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 OCTOBER 2021

Application for variation of the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2019-2022

[1] An application has been made for approval of a variation to the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the 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 Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Oriel Building 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 18 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Oriel Building Services Pty Ltd, sought a variation to the existing collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose over specific terms related to employee wages and working conditions. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The central legal issues revolved around whether the proposed changes to the collective agreement were justified under the Fair Work Act 2009. The applicant argued that the changes were necessary to remain competitive and viable in the current economic climate. The CFMEU contended that the proposed changes would undermine employee protections and working conditions. The court had to assess the balance between the economic needs of the business and the rights of the employees.

The Fair Work Commission found that while the applicant's financial position was precarious, the proposed changes did not sufficiently demonstrate an urgent need for modification of the existing agreement. The court held that the changes were not justified under the statutory framework, as they did not meet the criteria for a genuine variation. The application was dismissed, and the existing collective agreement remained in place.

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