DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5015)

HIGHLIGHT ALUMINIUM PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 MAY 2021

Application for variation of the Highlight Aluminium Pty Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Highlight Aluminium Pty Limited / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by 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 “Highlight Aluminium Pty Limited / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

Highlight Aluminium Pty Limited / 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 14 May 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Highlight Aluminium Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant, Highlight Aluminium, sought to vary certain provisions of the existing collective agreement with the CFMEU for the period 2019-2022. The primary focus of the application was to address issues related to work hours, overtime, and shift patterns, which the applicant argued were no longer viable due to changes in business operations and market conditions.

The legal issues that the Commission had to resolve centred on the interpretation and application of the existing collective agreement, as well as the principles governing variations to such agreements. Highlight Aluminium contended that the existing terms and conditions were no longer reasonable or fair given the significant changes in the operational environment. The CFMEU, on the other hand, argued that the applicant's proposal would adversely affect the employees' working conditions and entitlements, and therefore should not be granted.

In determining the application, the Commission carefully examined the provisions of the existing agreement, the changes proposed by Highlight Aluminium, and the implications of these changes for both the employer and the employees. The Commission considered the need for flexibility and adaptability in employment arrangements while also ensuring that any changes did not unfairly disadvantage the employees. Ultimately, the Commission found that the proposed changes were reasonable and necessary to adapt to the current business needs, and thus granted the application for variation. The new terms were to be implemented with effect from a specified date, providing a period for both parties to adjust to the changes.

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