DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5988)

TENSIONED CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JULY 2021

Application for variation of the Tensioned Concrete Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Tensioned Concrete 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 19 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Tensioned Concrete Pty Ltd for a variation of the Collective Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The central issue was the employer's request to alter certain terms and conditions of employment in light of changed economic circumstances and operational requirements. The Commission was tasked with assessing whether the proposed variations were justified and fair, considering the interests of both the employees and the employer.

The legal issues before the Commission included determining whether the application for variation was valid under the Fair Work Act, and if the proposed changes met the threshold for a genuine variation as opposed to a renegotiation of the agreement. The Commission had to consider the impact of the proposed changes on the employees, the business needs of the employer, and whether any changes were necessary to ensure the continued viability of the enterprise. Additionally, the Commission assessed whether the employer had followed the correct procedures for submitting the application and whether the application was made in good faith.

The Commission found that the application was valid and that the economic and operational changes proposed by Tensioned Concrete Pty Ltd warranted a review of the existing Collective Agreement. The Commission determined that the employer had demonstrated a genuine need for the changes, and that the proposed variations were fair and reasonable. The Commission considered that the changes were necessary to ensure the ongoing viability of the business, and that the employees had been adequately consulted throughout the process. The Commission approved the application for variation, allowing the employer to implement the changes as proposed.

The final orders of the Commission included the approval of the application for variation of the Collective Agreement, allowing the employer to implement the changes to the terms and conditions of employment. The Commission also ordered that the employer provide written notice of the changes to all affected employees and that the new terms and conditions be incorporated into the Collective Agreement. The Commission's decision recognised the need for flexibility in employment agreements to accommodate changing economic and operational circumstances, while also ensuring that the rights and interests of employees are protected.

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