DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4500)

FOXVILLE PROJECTS GROUP (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2021

Application for variation of the Foxville Projects Group (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Foxville Projects Group (NSW) 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 Foxville Projects Group (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Foxville Projects Group (NSW) 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application to vary the Collective Agreement between Foxville Projects Group (NSW) Pty Ltd and CFMEU for the period 2019-2022. The Fair Work Commission (FWC) was the court that heard the matter. The CFMEU sought to amend several provisions of the agreement, including those relating to working hours, overtime, and shift patterns. The Foxville Projects Group contested the application, arguing that the proposed changes would lead to increased costs and reduced productivity.

The primary legal issue before the FWC was whether the proposed changes to the Collective Agreement were warranted under the Fair Work Act 2009. The CFMEU argued that the changes were necessary to address issues that had arisen during the course of the agreement's operation. The Foxville Projects Group, on the other hand, contended that the changes would be detrimental to their business operations and would not result in any tangible benefits for the employees. The FWC needed to balance the rights and interests of both parties while ensuring that the changes were fair and reasonable.

The FWC determined that some of the proposed changes were justified, while others were not. The court found that certain amendments relating to working hours and overtime were necessary to address issues of employee fatigue and to provide for a more equitable distribution of work. However, the FWC rejected the CFMEU's proposal to alter shift patterns, finding that it would not result in any significant benefits for the employees. The FWC also considered the potential impact of the changes on the Foxville Projects Group's business operations and concluded that the proposed changes would not result in an undue financial burden.

The FWC made orders varying the Collective Agreement in relation to the approved changes. The changes to working hours and overtime were implemented, while the proposed alterations to shift patterns were rejected. The Foxville Projects Group and the CFMEU were required to negotiate in good faith to finalise the details of the approved changes. The FWC's decision balanced the need to address employee concerns with the need to maintain a viable and productive workplace.

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