DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4799)

CONCRETE STRUCTURES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 MAY 2021

Application for variation of the Concrete Structures Pty Limited / CFMEU Collective Agreement 2019-2022.

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

Concrete Structures 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 4 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Concrete Structures Pty Limited were before the Fair Work Commission to determine whether the existing collective agreement should be varied. Concrete Structures Pty Limited sought changes to the agreement, particularly relating to the removal of a clause that allows employees to be paid additional compensation for work performed on public holidays. The CFMEU opposed these changes, arguing that the proposed variations would undermine the employees' rights and conditions.

The legal issues before the Commission involved interpreting the existing collective agreement, understanding the implications of the proposed changes, and determining whether the variations were reasonable and necessary. The Commission needed to assess whether Concrete Structures Pty Limited had a legitimate business justification for the proposed changes and whether the changes would adversely affect the employees' conditions.

The Commission carefully examined the evidence presented by both parties. It considered the nature of the work performed by employees and the specific circumstances of Concrete Structures Pty Limited. After weighing the arguments, the Commission found that the proposed changes did not constitute a genuine business justification and would adversely affect the employees' conditions. Consequently, the Commission decided that the application for variation of the collective agreement should be dismissed. The existing agreement, including the clause concerning compensation for work on public holidays, would remain in effect. The decision underscored the importance of protecting employees' rights and ensuring that any changes to a collective agreement are justified and reasonable.

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