DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6120)

FACADES INTERNATIONAL (NSW) 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 Facades International (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Facades International (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 19 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union filed an application seeking to vary the Facades International (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was brought before the Fair Work Commission, which is tasked with resolving disputes related to workplace relations. The primary dispute centred on the terms and conditions of employment, particularly concerning wage rates and working hours for employees of Facades International (NSW) Pty Ltd, as stipulated in the collective agreement.

The central legal issues the Commission had to address were whether the proposed variations to the collective agreement were necessary and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009. The Union argued that the changes were essential to address economic factors and ensure fair compensation for the employees. Conversely, Facades International (NSW) Pty Ltd contended that the proposed variations were excessive and not justified under the circumstances.

In delivering its decision, the Commission carefully considered the economic context, the principles of fairness and reasonableness, and the statutory framework governing workplace agreements. It found that the proposed variations were indeed necessary to reflect the current economic conditions and to provide fair remuneration to the employees. The Commission determined that the changes were reasonable and in compliance with the relevant legislative provisions. Consequently, the application to vary the collective agreement was approved, and the modified terms were to be implemented.

The Fair Work Commission ordered that the Facades International (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 be varied as per the approved terms. The new conditions, which included adjustments to wage rates and working hours, were to take effect from the date of the Commission's decision. Both parties were directed to comply with the new agreement and to ensure that it was properly implemented in their workplace relations.

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