DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6208)

NORTH SOUTH CARPENTRY & JOINERY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JULY 2021

Application for variation of the North South Carpentry & Joinery Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the North South Carpentry & Joinery 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 North South Carpentry & Joinery Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

North South Carpentry & Joinery 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 30 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by North South Carpentry & Joinery Pty Ltd for a variation of the existing collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission of Australia. The primary dispute centred on several proposed changes to the existing terms and conditions of employment, including variations to wages, hours of work, and procedural aspects of the agreement.

The key legal issues before the court were whether the proposed changes were reasonable and justified under the Fair Work Act 2009. Specifically, the court had to determine if the applicant had demonstrated that the changes were necessary to accommodate a significant change in circumstances, and if the changes were fair and reasonable in all the circumstances. The court also needed to consider whether the changes complied with the principles of good faith bargaining and if they had a direct impact on the employees' terms and conditions of employment.

In its decision, the Fair Work Commission examined the evidence presented by both parties. The Commission found that the applicant had demonstrated significant changes in the business environment, including increased operational costs and market pressures, which justified the proposed changes. The Commission also noted that the proposed changes were reasonable and in line with industry standards. The Commission concluded that the changes were fair and reasonable, and that the applicant had acted in good faith. Consequently, the application for variation was approved with the modifications set out in the decision.

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