DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5279)

AVONDALE 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 Avondale Concrete Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Avondale 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

In the matter of an application by Avondale Concrete Pty Ltd for a variation of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement 2019-2022, the Fair Work Commission was called upon to determine whether the proposed changes were reasonable and necessary to address economic, technological, or other changes impacting Avondale Concrete Pty Ltd. The CFMEU opposed the application, arguing that the changes were not justified and would adversely affect the workforce.

The legal issues before the Commission centred on the interpretation and application of the Fair Work Act 2009, particularly the provisions concerning the variation of collective agreements. The key questions were whether the proposed changes were reasonable in all the circumstances, taking into account the principles of good faith bargaining and the need for a fair and efficient workplace. The Commission had to assess the evidence provided by both parties and consider the impact of the proposed changes on the employees and the employer.

The Fair Work Commission determined that the proposed changes were reasonable and necessary, given the economic pressures and technological advancements affecting the concrete industry. The Commission found that the employer had demonstrated a genuine need for the changes and had engaged in good faith bargaining with the union. The changes were deemed to be in the best interests of both the employer and the employees, ensuring the long-term viability of the business and the sustainability of jobs within the industry. The application was therefore approved.

The Commission ordered that the Collective Agreement be varied in accordance with the terms proposed by Avondale Concrete Pty Ltd, with the effective date of the variation to be determined by mutual agreement between the parties or by the Commission if necessary. The decision was made in the spirit of achieving a balanced outcome that recognised the interests of all stakeholders involved.

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