DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5752)

BROAD INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JULY 2021

Application for variation of the Broad Installations Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Broad Installations Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by 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 Broad Installations Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Broad Installations 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 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Broad Installations Pty Ltd to vary certain provisions of their collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment for employees under the collective agreement, particularly in light of changes in the operational environment due to the COVID-19 pandemic. The case was heard in the Fair Work Commission, the primary body in Australia for the resolution of workplace disputes.

The central legal issues that the Commission needed to address were whether the proposed variations to the collective agreement were justifiable under the Fair Work Act 2009, and whether the changes were reasonable and necessary in the context of the significant disruptions caused by the pandemic. The applicant argued that the variations were necessary to maintain business viability and operational efficiency, while the union contended that the changes unfairly disadvantaged employees and contravened the principles of good faith bargaining.

In its decision, the Commission carefully considered the evidence presented by both parties, including the impact of the pandemic on the business operations and the financial viability of Broad Installations Pty Ltd. The Commission concluded that while the proposed variations did impose some additional burdens on employees, they were necessary to address the extraordinary circumstances created by the pandemic. The Commission found that the changes were reasonable and necessary to allow the business to continue operating during a period of significant economic uncertainty. Accordingly, the Commission approved the variations to the collective agreement, subject to certain conditions designed to protect the rights and interests of the employees.

The final orders of the Commission included the approval of the variations to the Broad Installations Pty Ltd / CFMEU Collective Agreement 2019-2022, with specific provisions to ensure that employees were not unfairly disadvantaged. The variations were to be implemented in accordance with the terms set out in the decision, and both parties were directed to engage in good faith negotiations to address any further concerns that may arise from the implementation of the variations.

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