DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5548)

BRIJO CONCRETE CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2021

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

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

Brijo Concrete Contractors 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 17 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought variation of the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2019-2022, which was lodged with the Fair Work Commission. The applicant sought amendments to the agreement to include provisions that would allow for the engagement of additional employees on a project basis, and to modify the terms and conditions of employment for those employees. The case was heard in the Fair Work Commission.

The legal issues before the commission included whether the proposed variations were consistent with the principles of the Fair Work Act 2009 and whether they would result in improved outcomes for the employees and the employer. The commission also had to consider whether the proposed changes would have an adverse effect on the employees' terms and conditions of employment. The applicant argued that the variations would allow for more flexible employment arrangements that would benefit both the employer and the employees. The respondent argued that the proposed changes would result in a reduction in the employees' terms and conditions of employment and would be inconsistent with the principles of the Fair Work Act.

The commission found that the proposed variations were consistent with the principles of the Fair Work Act and would result in improved outcomes for both the employees and the employer. The commission noted that the proposed changes would allow for more flexible employment arrangements, which would benefit both parties. The commission also found that the proposed changes would not have an adverse effect on the employees' terms and conditions of employment. The commission approved the proposed variations and made the appropriate orders.

The final orders of the commission included the approval of the proposed variations to the Brijo Concrete Contractors Pty Ltd / CFMEU Collective Agreement 2019-2022, including the engagement of additional employees on a project basis and the modification of the terms and conditions of employment for those employees. The commission also made orders for the variation to be registered with the Fair Work Commission and for the parties to provide written notice of the variation to their employees.

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