DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4563)

BW MANAGEMENT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 APRIL 2021

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

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

BW Management 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 12 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were BW Management Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was regarding a request by BW Management to vary certain provisions of their existing collective agreement. The case was heard by the Fair Work Commission, Australia's independent workplace relations tribunal.

The legal issues before the Commission centred on whether the proposed variations to the collective agreement were in line with the relevant legislative framework, particularly the Fair Work Act 2009. The central question was whether the changes proposed by BW Management were necessary and fair, and if they met the statutory requirements for a variation. Additionally, the Commission had to consider the impact of these variations on the employees' rights and protections under the existing agreement.

In its decision, the Fair Work Commission assessed the evidence and arguments presented by both parties. The Commission found that the proposed changes were not only necessary but also fair, considering the significant changes in the industry landscape. The Commission also determined that the variations did not adversely affect the employees' rights and protections, as BW Management had made adequate provisions to safeguard these interests. The application for variation was thus approved, with the new provisions to be incorporated into the collective agreement.

The final orders of the Commission mandated that the BW Management Pty Ltd / CFMEU Collective Agreement 2019-2022 be varied as per the approved changes. The variations were to be effective from the date of the decision and would govern the employment terms and conditions between BW Management and the CFMEU for the remainder of the agreement period.

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