DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4562)

CONCRETE STRUCTURES GROUP 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 Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the 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 “Concrete Structures Group Pty Ltd / CFMEU Collective Agreement 2019-2022” with the following:

Concrete Structures Group / 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Concrete Structures Group Pty Ltd for a variation of the collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought to address certain changes in the business operations of Concrete Structures Group, which sought adjustments to the existing terms and conditions of employment as outlined in the 2019-2022 agreement. The Commission was tasked with determining whether the proposed changes were justified and whether the application complied with relevant statutory requirements.

The central legal issues for the Commission to address were whether the proposed changes were genuinely required due to changed circumstances and whether the process for making the application was procedurally fair. The Commission needed to examine the evidence presented by Concrete Structures Group to support the need for the changes and consider the union's response and any potential impact on the employees. Additionally, the Commission had to assess whether the application adhered to the procedural requirements set out in the Fair Work Act.

In delivering its decision, the Commission carefully reviewed the evidence provided by both parties. It found that the changes proposed by Concrete Structures Group were indeed necessitated by genuine changes in the business environment, such as market conditions and technological advancements. The Commission also determined that the application process was procedurally sound, as it had been conducted in good faith and with adequate notice to the union. The Commission ultimately concluded that the proposed changes were justified and approved the application for variation of the collective agreement. The decision was made in the interest of maintaining a fair and flexible workplace that could adapt to changing circumstances while protecting the rights of both employers and employees.

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