DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6425)

FILM INSTALLATIONS CONTRACTING SERVICES PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 AUGUST 2021

Application for variation of the Film Installations Contracting Services Pty Ltd and CFMMEU Enterprise Agreement 2019.

[1] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[2] 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.

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

[4] In accordance with s.216 of the Act, the variation operates from 19 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509324 PR733019

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Film Installations Contracting Services Pty Ltd. The dispute centred around an application for the variation of the Enterprise Agreement between the two parties, specifically the Film Installations Contracting Services Pty Ltd and CFMEU Enterprise Agreement 2019. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed variations to the Enterprise Agreement were reasonable and fair, and whether the application for variation complied with the necessary statutory requirements under the Fair Work Act 2009.

In determining these issues, the Commission examined the arguments presented by both parties, considering factors such as the economic and industrial context of the industry, the bargaining positions of the parties, and the fairness of the proposed changes to the existing agreement. The Commission also considered the impact of the proposed variations on the employees covered by the agreement. The Commission found that the application for variation was reasonable and fair, and that it complied with the statutory requirements under the Fair Work Act.

The Commission approved the application for variation, allowing the changes to the Enterprise Agreement to proceed. The decision was based on the evidence and arguments presented by both parties, and the Commission's assessment of the fairness and reasonableness of the proposed changes. The final orders of the Commission were that the Film Installations Contracting Services Pty Ltd and CFMEU Enterprise Agreement 2019 be varied as per the terms set out in the application, with the variation to be effective from the date specified in the application. The parties were also required to provide written notice of the variation to all employees covered by the agreement within a specified timeframe.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established