DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5920)

ASPIRE FACADES GROUP NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JULY 2021

Application for variation of the Aspire Facades Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Aspire Facades Group NSW 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 21 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for a variation of the Aspire Facades Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2022, the Applicant, Aspire Facades Group NSW Pty Ltd, sought a variation of the existing agreement to allow the company to hire sub-contractors for certain types of work. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, arguing that the proposed changes would undermine the terms of the existing agreement and the rights of its members. The matter was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed changes to the collective agreement were necessary and appropriate, and whether the process for making the changes was in accordance with the relevant legislation. The Commission considered whether the changes would result in a detriment to the employees and whether the process for making the changes was procedurally fair. The Commission also had to determine whether the changes were necessary to enable the Applicant to effectively manage its business.

The Commission found that the proposed changes to the agreement were necessary and appropriate, and that the process for making the changes was procedurally fair. The Commission found that the changes would not result in a detriment to the employees and that the changes were necessary to enable the Applicant to effectively manage its business. The Commission also found that the Applicant had provided sufficient evidence to support the need for the changes. As a result, the Commission approved the variation of the existing agreement.

The Commission ordered that the Aspire Facades Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2022 be varied to allow the company to hire sub-contractors for certain types of work. The variation was to take effect from the date of the Commission's decision. The Commission also ordered that the parties were to endeavour to negotiate in good faith to finalise the details of the variation.

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