DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5278)

SILVERTON CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2021

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

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

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Silverton Concrete Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Silverton Concrete 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 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Silverton Concrete Pty Ltd. The dispute pertained to a request by Silverton Concrete to vary certain provisions of the existing Collective Agreement 2019-2022. The Commission was tasked with determining whether the requested variations were justified and whether they met the statutory criteria for approval. The application was heard by the Commission, which was required to balance the interests of the employer in operational flexibility against the rights and protections of the employees as represented by the union.

The primary legal issues before the Commission were whether the variations proposed by Silverton Concrete were necessary to allow the employer to meet its business objectives and whether the variations would result in a net gain for the employees. The Commission had to consider the evidence presented by both parties regarding the economic and operational circumstances of Silverton Concrete, as well as the impact of the proposed changes on the employees' working conditions and job security. The Commission was also required to assess whether the variations were consistent with the principles of good faith bargaining and whether they provided a fair outcome for both parties.

In its decision, the Commission found that the proposed variations were necessary for Silverton Concrete to remain competitive and viable in the current economic environment. The Commission considered the detailed submissions and evidence provided by both parties, including expert economic analysis and testimony from representatives of Silverton Concrete and the CFMEU. The Commission concluded that the variations would result in a net gain for the employees, as they would help to secure the long-term future of the business and, consequently, the jobs of the employees. The Commission determined that the variations were in accordance with the principles of good faith bargaining and approved the application for variation of the Collective Agreement.

The Fair Work Commission ordered that the Collective Agreement 2019-2022 between Silverton Concrete Pty Ltd and the CFMEU be varied in accordance with the terms set out in the application. The variations included changes to work arrangements, hours of work, and certain entitlements. The Commission emphasised the importance of ongoing consultation and negotiation between the parties to ensure that any future changes to the agreement are made in a fair and reasonable manner. The decision was made with the intention of achieving a balanced outcome that supports the business needs of Silverton Concrete while protecting the rights and interests of the 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