DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6417)

PRIMEX SCAFFOLDING GROUP PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 AUGUST 2021

Application for variation of the Primex Scaffolding Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Primex Scaffolding Group 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 Primex Scaffolding Group Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Primex Scaffolding Group 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 6 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Primex Scaffolding Group Pty Ltd. The dispute centred on an application by the employer to vary the existing collective agreement, the Collective Agreement 2019-2022. The application was heard in the Fair Work Commission, which is tasked with resolving workplace disputes and ensuring compliance with the Fair Work Act 2009.

The legal issues before the Commission related to the validity and scope of the application to vary the collective agreement. The primary concern was whether the proposed changes were justified under the legislative framework and whether the process for varying the agreement had been properly followed. Additionally, the court needed to consider the impact of the proposed changes on the employees and whether any procedural fairness had been observed in consulting with the union.

The Fair Work Commission deliberated on the principles of good faith bargaining and the statutory requirements for altering a collective agreement. The Commission found that the application to vary the agreement was not adequately justified, and that the process for consultation with the union had been deficient. The Commission emphasised the importance of adhering to the requirements for procedural fairness and substantive fairness in such disputes. Consequently, the application to vary the collective agreement was dismissed, upholding the integrity of the existing agreement.

No further orders were made beyond the dismissal of the application to vary the collective agreement. The decision reinforces the need for employers to carefully consider the grounds for any proposed changes and to engage in good faith negotiations with the union to achieve any desired modifications to the agreement.

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