DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5657)

ALIMAK GROUP AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2021

Application for variation of the Alimak Group Australia Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Alimak Group Australia Pty Ltd / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “Alimak Group Australia Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Alimak Group Australia 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 28 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for a variation of the Alimak Group Australia Pty Ltd / CFMEU Collective Agreement 2019-2022. The Alimak Group contested the application, arguing that the requested changes were not warranted and would negatively impact their business operations. The dispute was brought before the Fair Work Commission, which was required to determine whether the requested changes to the agreement were justified and in line with the relevant legislative framework.

The primary legal issue before the Fair Work Commission was whether the proposed changes to the collective agreement were necessary and appropriate, and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider the parties' submissions, the impact of the proposed changes on both the employer and employees, and the principles of good faith bargaining and fairness in the context of industrial relations.

In its decision, the Fair Work Commission determined that the requested changes to the collective agreement were not justified. The Commission found that the applicant had not demonstrated a sufficient basis for altering the agreement, and that the proposed changes would have an adverse effect on the employer's business. The Commission emphasised the importance of maintaining a balanced approach in collective bargaining, and highlighted the need for parties to engage in good faith negotiations to reach a fair and reasonable outcome. The application for variation was dismissed, and the existing collective agreement remained in place.

The Fair Work Commission did not make any specific orders in relation to the application for variation. Instead, it upheld the existing collective agreement between Alimak Group Australia Pty Ltd and the CFMEU, maintaining the status quo until the next scheduled review or until a new agreement is reached through further negotiations.

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