DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6122)

LIDCOMBE RENDERING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 JULY 2021

Application for variation of the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Lidcombe Rendering 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 28 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for a variation to the Lidcombe Rendering Services Pty Ltd / CFMEU Collective Agreement 2019-2022, which currently governs the employment conditions of Lidcombe's workers. The dispute arose from the need to address changes in the industry and workplace practices that the CFMEU argued were not adequately covered by the existing agreement. The commission was tasked with determining whether the proposed changes were necessary and justifiable under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed variations to the collective agreement were justified and necessary under the Act. The CFMEU contended that the changes were required to address emerging industry practices and ensure fair and equitable working conditions. Lidcombe, on the other hand, opposed the changes, arguing that they were not necessary and would impose additional costs and complexities on the business. The commission had to balance the interests of the employees, represented by the CFMEU, with those of the employer, Lidcombe.

In its decision, the commission considered the arguments presented by both parties and examined the specific provisions of the Fair Work Act. The commission found that several of the proposed changes were necessary to address legitimate issues arising from changes in industry practices and working conditions. The commission emphasised the importance of maintaining fair and equitable working conditions while also considering the potential impact on the employer's operations. The commission approved the variations, subject to certain conditions and modifications, to ensure that they were reasonable and justifiable under the Act.

The final orders included the approval of the variations to the collective agreement with specific conditions, including a sunset clause and provisions for ongoing review. The variations were to take effect from a specified date and would remain in force until the next scheduled review of the agreement. The decision underscored the commission's role in facilitating fair and equitable workplace practices while also considering the practical implications for employers.

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