DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4571)

SYDNEY PLASTER 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 Sydney Plaster Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Sydney Plaster 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 case involved an application by Sydney Plaster Pty Ltd to vary the collective agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the application to vary the collective agreement was justified under the Fair Work Act 2009. Specifically, the Commission needed to determine if the proposed changes were necessary to address significant economic, structural or technological change, or to allow the employer to operate in a fair and efficient manner.

The Commission examined the evidence presented by both parties and considered the impact of the COVID-19 pandemic on the plastering industry. The employer argued that the pandemic had resulted in significant changes to the industry, necessitating alterations to the collective agreement to ensure the business's viability. The CFMEU, on the other hand, contended that the changes sought by the employer were not genuinely required and were instead an attempt to undermine the existing agreement. The Commission found that the employer had demonstrated that the changes were necessary to address the significant economic impact of the pandemic, and that the changes would not undermine the agreement's overall purpose and effect.

The Fair Work Commission granted the application to vary the collective agreement, allowing the employer to implement the proposed changes. The Commission noted that the changes were narrowly tailored to address the specific challenges posed by the pandemic and were necessary to ensure the employer's ongoing viability. The Commission also emphasised the importance of maintaining a cooperative and collaborative approach to resolving disputes in the workplace. The final orders of the Commission included the approval of the varied collective agreement, with specific provisions relating to changes to working hours, pay rates, and other employment conditions.

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