DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4662)

BROBRICK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 APRIL 2021

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

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

Brobrick 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 20 April 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Brobrick Pty Ltd for a variation of the collective agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made under the Fair Work Act 2009, seeking amendments to specific provisions of the agreement that governs the employment terms and conditions of workers at Brobrick Pty Ltd.

The legal issues before the Commission included whether the proposed variations were reasonable and necessary for the business operations of Brobrick Pty Ltd, and whether the changes complied with the requirements set forth in the Fair Work Act. The primary concern was whether the changes were justified in light of the economic climate and operational challenges faced by the company, and if the variations would result in an overall benefit or detriment to the employees covered by the agreement.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, determined that the proposed variations were reasonable and necessary for the business operations of Brobrick Pty Ltd. The Commission found that the changes were aimed at improving efficiency and sustainability in the company's operations, which were adversely affected by the economic downturn. The variations were considered to be in the interest of the business and were likely to benefit the company in the long term, which in turn would help secure employment for the workers. The Commission emphasised the importance of balancing the interests of both employers and employees in such variations.

In light of the findings, the Commission approved the application for variation of the collective agreement, allowing Brobrick Pty Ltd to implement the changes as proposed. The decision underscores the role of the Fair Work Commission in facilitating fair and reasonable adjustments to employment terms and conditions in response to changing economic conditions and business needs.

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