DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4691)

FUGEN GROUP OF COMPANIES / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 APRIL 2021

Application for variation of the Fugen Group of Companies / CFMEU Collective Agreement 2019-2022

[1] An application has been made for approval of a variation to the Fugen Group of Companies / 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 Fugen Group of Companies / CFMEU Collective Agreement 2019-2022 with the following:

Fugen Group of Companies / 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 22 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the variation of the Fugen Group of Companies / CFMEU Collective Agreement 2019-2022. The matter was heard in the Fair Work Commission. The primary dispute centred on the need to adjust certain provisions within the collective agreement to better reflect the changing circumstances and needs of both the union and the employers involved.

The key legal issues before the court involved interpreting the terms of the existing collective agreement and determining whether the proposed changes were justified under the Fair Work Act 2009. The court had to consider whether the modifications were necessary to address unforeseen changes in the business environment or working conditions, and if they were consistent with the principles of good faith bargaining and fair work practices. Additionally, the court needed to assess the impact of the proposed changes on the employees and employers alike, ensuring that the balance of interests was maintained.

In its reasoning, the court examined the evidence presented by both parties and evaluated the necessity and fairness of the proposed changes. It considered the economic context, the implications for employee welfare, and the obligations of the parties under the collective agreement. The court found that the changes were indeed necessary to address the evolving working conditions and business environment, and were in line with the principles of good faith bargaining. The court concluded that the proposed variations were justified and approved the changes as requested by the CFMEU.

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