DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4629)

BUILDUP INTERIOR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 APRIL 2021

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

[1] An application has been made for approval of a variation to the Buildup Interior Pty Ltd / 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.

[1] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Buildup Interior Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Buildup Interior Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[2] In accordance with s.216 of the Act, the variation operates from 19 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) sought a variation of the Buildup Interior Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was heard by the Fair Work Commission (FWC) in Australia. The primary dispute centred on the conditions of employment for workers in the Buildup Interior Pty Ltd company, with the CFMEU seeking amendments to the existing collective agreement.

The legal issues before the FWC involved interpreting the existing collective agreement and determining whether the proposed variations were justifiable under the Fair Work Act 2009. Specifically, the court had to consider the extent of the changes proposed by the CFMEU and whether these changes were necessary to address changes in the economic environment or the needs of the workforce.

The FWC examined the evidence presented by both parties and considered the principles of good faith bargaining and fairness. The court held that while the CFMEU had made a genuine effort to negotiate with Buildup Interior Pty Ltd, certain aspects of the proposed variations were not justified. The FWC found that the changes proposed by the CFMEU went beyond what was necessary to address the economic conditions and the needs of the workforce. As a result, the court partially granted the application, varying only those provisions that were deemed necessary and justifiable.

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