DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5549)

PRESTONS CONCRETORS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for variation of the Prestons Concretors Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Prestons Concretors Pty Limited / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by the 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 “Prestons Concretors Pty Limited / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Prestons Concretors Pty Limited / 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 applied for a variation of the Prestons Concretors Pty Limited / CFMEU Collective Agreement 2019-2022, which was previously the subject of a decision by the Fair Work Commission. The application arose from negotiations between the parties which had reached an impasse, and the matter was brought before the Federal Court of Australia to seek a resolution. The court was tasked with determining whether the application met the criteria for a variation under the Fair Work Act 2009, specifically focusing on the necessity for a change in the agreement and the impact of the proposed changes on the parties involved.

The primary legal issues before the court were whether the application fulfilled the statutory requirements for a variation of an enterprise agreement and whether the changes proposed would lead to a fairer and more efficient workplace. The court had to consider the balance of interests between the employer and the employees, as well as the impact on the broader industry. Furthermore, the court examined the procedural fairness of the application process, ensuring that both parties had an opportunity to be heard.

In its decision, the court found that the application satisfied the statutory requirements for a variation of the collective agreement. The proposed changes were deemed necessary to address the impasse and to promote a fairer and more efficient workplace. The court also considered the potential impact on the industry and concluded that the changes would not have a detrimental effect on the broader employment market. The court emphasised the importance of maintaining a fair balance between the interests of the employer and the employees. As a result, the application for variation was approved, and the revised agreement was set to be implemented.

The court ordered that the Prestons Concretors Pty Limited / CFMEU Collective Agreement 2019-2022 be varied in accordance with the terms outlined in the application. The revised agreement was to come into effect from the date specified in the application and would apply to all employees covered by the original agreement. The court also directed that the parties take all necessary steps to give effect to the variation and to ensure that the agreement was implemented in a timely and orderly manner.

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