DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5128)

FORGED STEELE PTY LTD T-AS FORGED GROUP AUSTRALIA / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 MAY 2021

Application for variation of the Forged Steele Pty Ltd t-as Forged Group Australia / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Forged Steele Pty Ltd t-as Forged Group Australia / 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 “Forged Steele Pty Ltd t-as Forged Group Australia / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Forged Steele Pty Ltd t-as Forged Group Australia / 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 20 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for a variation of the Forged Steele Pty Ltd t/as Forged Group Australia / CFMEU Collective Agreement 2019-2022. The application sought changes to the agreement's provisions, including adjustments to wages, conditions, and other employment terms. The Forged Group Australia opposed the application, arguing that the proposed changes were not warranted and would negatively impact their business operations.

The central legal issue before the Commission was whether the proposed variations to the collective agreement were necessary and appropriate. The Commission had to consider the balance between the rights and interests of the employees represented by the CFMEU and the rights and interests of the employer. This involved assessing the evidence presented by both parties and determining if the changes were reasonable and justifiable under the relevant industrial laws.

In its decision, the Commission found that several of the proposed changes were justified, taking into account the broader economic context and the need for fair and reasonable terms for both employees and the employer. The Commission emphasised the importance of maintaining a stable and productive working relationship between the parties. Consequently, it approved certain variations to the agreement while rejecting others. The approved changes included adjustments to wages and some conditions, while others were deemed unnecessary or not supported by the evidence.

The final orders of the Commission included specific modifications to the collective agreement as proposed by the CFMEU, with certain clauses amended to reflect the approved variations. The decision also included provisions for the implementation of the changes and a timeline for the employer to comply with the new terms. The rejected variations were left unchanged, maintaining the status quo for those aspects of the agreement.

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