DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6100)

JD’S RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JULY 2021

Application for variation of the JD’s Rigging Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the JD’s Rigging 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 JD’s Rigging Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

JD’s Rigging 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 20 July 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by JD’s Rigging Pty Ltd for a variation to the Collective Agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the years 2019 to 2022. The application sought changes to certain provisions relating to employee entitlements and operational practices, which the company argued were necessary to adapt to changes in the industry and maintain competitiveness. The CFMEU opposed the application, asserting that the proposed changes would negatively impact employee rights and conditions.

The legal issues the Commission had to address included whether the changes proposed by JD’s Rigging Pty Ltd constituted a "variation" within the meaning of the Fair Work Act, and if so, whether the application met the criteria for approval. This involved examining the nature and extent of the proposed changes, the process by which the application was made, and whether there was a genuine dispute about the need for the changes. The Commission also had to consider the impact of the proposed changes on the employees and the balance of interests between the employer and the union.

In delivering its decision, the Commission found that the proposed changes did indeed constitute a variation to the existing agreement. It considered the application process to be compliant with the Act, as it had been made in good faith and with adequate consultation. The Commission assessed the arguments from both parties and concluded that the changes were necessary to address significant industry shifts and maintain the company's viability. The evidence presented demonstrated that the proposed changes were reasonable and would not have a detrimental effect on the employees’ conditions. Therefore, the application was approved, and the Collective Agreement was varied as requested.

The Commission ordered that the Collective Agreement be varied as per the terms outlined in the application, effective from the date of the decision. The changes included modifications to certain work hours, overtime provisions, and employee leave entitlements, as well as adjustments to operational practices to better align with current industry standards. The decision was binding on all parties, and the varied agreement was to be implemented forthwith.

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