DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5114)

FGA WORKFORCE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 MAY 2021

Application for variation of the FGA Workforce Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

FGA Workforce 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 19 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for a variation of a collective agreement between FGA Workforce Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was lodged in the Fair Work Commission, an Australian industrial relations tribunal, seeking changes to the existing terms and conditions set forth in the collective agreement for the period 2019-2022. The core dispute revolved around alterations to the working conditions, particularly focusing on changes to the shift patterns and pay rates for the employees covered by the agreement.

The primary legal issues the Commission had to resolve were whether the proposed changes to the shift patterns and pay rates were reasonable and justifiable under the Fair Work Act 2009. The Commission needed to determine if the changes were necessary to address the operational requirements of FGA Workforce and whether they were fair and reasonable in the context of the existing employment relationship and the broader industrial environment. Additionally, the Commission had to consider the impact of the proposed changes on the employees' working conditions and whether any proposed changes would unduly disadvantage the employees.

The Fair Work Commission found that the proposed changes to the shift patterns and pay rates were reasonable and justified. The Commission noted that the changes were necessary to meet the operational needs of FGA Workforce and were consistent with industry practices. The Commission also considered that the changes did not unduly disadvantage the employees, as they were provided with adequate notice and an opportunity to provide input on the proposed changes. The Commission was satisfied that the proposed changes were fair and reasonable, taking into account the overall employment relationship and the broader industrial context. Consequently, the application for variation was approved, and the amended collective agreement was registered.

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