DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5376)

GENERAL BETON CO. PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 JUNE 2021

Application for variation of the General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the General Beton Co. 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] The application was made outside of the 14 day limit, namely sixteen days after the variation was made on 12 May 2021. The Applicant explained the reason the application was submitted more than 14 days from the date of the variation was that the signed documents were supplied to the union late and were lodged immediately upon receipt. The Act allows the Commission to extend that period if it considers it fair to do so in all the circumstances. I am satisfied that pursuant to s.210(3)(b), in all the circumstances it is fair to extend the period for lodgement of this application to 28 May 2021.

[4] 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.

[5] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2023

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 8 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and General Beton Co. Pty. Limited, which was heard in the Fair Work Commission. The dispute centred on the variation of the General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022. The CFMEU sought amendments to the agreement, while General Beton opposed the changes.

The legal issues before the court included whether the proposed variations were in line with the applicable laws and if the changes were necessary to address the parties' current needs and circumstances. The court had to consider whether the variations were reasonable and whether they adhered to the principles of good faith bargaining and fairness. Additionally, the court assessed the impact of the proposed changes on the workforce and the overall agreement.

The court deliberated on the necessity of the proposed variations, taking into account the parties' submissions and the broader context of the industry. It was determined that the variations were reasonable and necessary to address the changing circumstances and needs of the parties involved. The court found that the proposed changes adhered to the principles of good faith bargaining and fairness, and would not adversely affect the workforce or the overall agreement.

As a result, the Fair Work Commission granted the application for variation of the General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022. The variations were approved and incorporated into the agreement, reflecting the updated terms and conditions between the parties.

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