DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4705)

DE MARTIN & GASPARINI / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2021

Application for variation of the De Martin & Gasparini / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the De Martin & Gasparini / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title De Martin & Gasparini / CFMEU Collective Agreement 2019-2022 with the following:

De Martin & Gasparini / 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 23 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and De Martin & Gasparini, a company engaged in construction work. The dispute centred on an application by De Martin & Gasparini to vary the collective agreement that had been in force between the parties since 2019. The matter was heard and determined by the Fair Work Commission.

The primary legal issues that the Commission had to address were whether the proposed changes to the collective agreement were reasonable, and whether the application met the criteria for a variation as outlined in the Fair Work Act 2009. The Commission was required to consider the implications of the proposed changes on both parties, including any potential impacts on the workforce, and whether the changes were necessary to address economic, social, or other relevant factors.

In reaching its decision, the Commission examined the evidence and submissions presented by both parties. The Commission concluded that the proposed changes to the collective agreement were reasonable and in the best interests of the employees, taking into account the economic and social factors relevant to the industry. The Commission found that the application met the criteria for a variation under the Fair Work Act 2009. As a result, the Commission approved the variation of the collective agreement as sought by De Martin & Gasparini.

The Fair Work Commission's decision to approve the variation of the collective agreement was based on a thorough assessment of the evidence and submissions presented by both parties. The Commission found that the proposed changes were reasonable and necessary to address the relevant economic and social factors in the industry. Consequently, the Commission granted the application for variation of the De Martin & Gasparini / CFMEU Collective Agreement 2019-2022. The new agreement will now be in force, reflecting the changes approved by the Commission.

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