DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4884)

CONZPEC CIVIL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 MAY 2021

Application for variation of the Conzpec Civil Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Conzpec Civil 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 5 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) lodged an application to vary the Conzpec Civil Pty Ltd / CFMEU Collective Agreement 2019-2022. The primary issue was whether the conditions of the agreement should be amended in response to Conzpec's financial difficulties and the impact of COVID-19. The legal issues centred on whether the proposed changes were necessary to ensure the continued viability of Conzpec and whether the changes were consistent with the principles of good faith bargaining and fairness.

The Commission examined the evidence presented by both parties regarding Conzpec's financial health, the impact of COVID-19, and the necessity of the proposed changes. It considered whether the changes were reasonable and necessary for the continued operation of Conzpec. The Commission found that Conzpec had presented credible evidence of its financial difficulties and that the changes were necessary to ensure its viability. The Commission also noted the impact of COVID-19 on Conzpec's operations and the need for flexibility in the agreement.

The Commission concluded that the proposed changes were reasonable and necessary to ensure the continued operation of Conzpec. It found that the changes were consistent with the principles of good faith bargaining and fairness. The application was therefore approved, and the Collective Agreement was varied as requested by Conzpec. The Commission made orders to that effect, allowing the changes to take effect from the date of the decision.

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