DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5254)

ICONIC STRUCTURES SYDNEY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 MAY 2021

Application for variation of the Iconic Structures Sydney Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Iconic Structures Sydney 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 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Iconic Structures Sydney Pty Ltd, sought to vary the existing collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The dispute was heard by the Fair Work Commission (FWC). The primary issue before the Commission was whether the proposed changes to the agreement were reasonable and justified under the relevant provisions of the Fair Work Act 2009.

In considering the application, the FWC examined the impact of the proposed changes on the employees covered by the agreement, including the nature and extent of any benefits or detriments arising from the changes. The FWC also considered the broader economic and industry context, as well as the principles of fairness and proportionality. After weighing the evidence and arguments presented by both parties, the FWC found that the proposed changes were reasonable and justified. The Commission concluded that the changes would not have an adverse impact on the employees and would instead promote greater flexibility and productivity in the industry.

The FWC therefore granted the application for variation of the collective agreement. The changes will now be incorporated into the agreement, and will apply to the employees covered by the agreement from the effective date of the variation. The decision highlights the importance of demonstrating the reasonableness and justification of proposed changes to collective agreements, and the role of the FWC in balancing the interests of employers and employees in such disputes.

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