DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4523)

CUBIC INTERIORS SYDNEY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 APRIL 2021

Application for variation of the Cubic Interiors SYDNEY Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Cubic Interiors SYDNEY 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.

[4] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Cubic Interiors SYDNEY Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Cubic Interiors SYDNEY 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 13 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cubic Interiors SYDNEY Pty Ltd to vary the existing Collective Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the agreement, specifically those relating to the classification, wages, and working conditions of employees. The application was heard by the Fair Work Commission, which has jurisdiction over such industrial disputes in Australia.

The primary legal issue was whether the proposed variations to the Collective Agreement were justified under the relevant provisions of the Fair Work Act 2009. The applicant argued that changes were necessary to remain competitive in the market and to adapt to new business conditions, while the respondent contended that the changes would adversely affect employee conditions and were not warranted. The court had to determine if the changes proposed were reasonable and necessary, considering the economic and operational context of the business.

In its decision, the Fair Work Commission acknowledged the need for businesses to remain competitive and adaptable in a changing economic environment. However, the Commission found that the proposed changes went beyond what was necessary to achieve this, particularly in terms of the impact on employee conditions. The Commission emphasised the importance of maintaining fair and reasonable terms in employment agreements, even as businesses adjust to new conditions. Ultimately, the Commission did not grant the application to vary the Collective Agreement, maintaining the existing terms for the duration of the agreement.

The Fair Work Commission did not make any further orders beyond its decision not to vary the Collective Agreement. The Commission's ruling upheld the existing terms and conditions as they stood, providing certainty and stability for both the employer and employees during the period of the agreement.

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