DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4567)

GCU ENTERPRISES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for variation of the GCU Enterprises Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

GCU Enterprises 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

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CaseChat Overview and Summary

In the matter of an application for a variation of the GCU Enterprises Pty Ltd / CFMEU Collective Agreement 2019-2022, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to amend the existing agreement, which governs the terms and conditions of employment for workers at GCU Enterprises Pty Ltd. The dispute arose due to changes in operational practices and workforce requirements that the CFMEU argued were not adequately addressed in the current agreement. The Fair Work Commission was the court in which this matter was presented.

The primary legal issues before the Commission were whether the proposed variations to the agreement were justified and whether they complied with the relevant statutory provisions. The Commission had to determine if the changes were necessary to adapt to the evolving business environment of GCU Enterprises and if they were fair and reasonable in terms of the impact on employees and the employer. The Commission also needed to ensure that the variations did not contravene any existing labour laws or principles of good faith bargaining.

In its reasoning, the Commission examined the evidence presented by both parties and considered the broader context of the industry. The Commission found that the changes proposed by GCU Enterprises Pty Ltd were necessary to remain competitive and operationally efficient. The proposed variations addressed specific operational challenges and were designed to enhance productivity while maintaining a fair balance of interests between the employer and employees. The Commission concluded that the changes were reasonable and in line with the principles of good faith bargaining, and thus, the application for variation was approved. The final orders reflect the approved changes to the collective agreement, outlining the new terms and conditions that will apply from the date of the decision.

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