DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4568)

LANE ACCESS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for variation of the Lane Access Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Lane Access Group 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

The matter before the court was an application by Lane Access Group Pty Ltd for a variation of the existing collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment as outlined in the collective agreement, which Lane Access Group Pty Ltd sought to amend. The application was heard in the Fair Work Commission, an independent statutory tribunal with jurisdiction over employment and industrial relations matters in Australia.

The legal issues that the Commission was required to determine included whether the proposed variations were in accordance with the provisions of the Fair Work Act 2009, and whether the application met the criteria for a variation under the existing collective agreement. A key issue was whether the changes proposed by Lane Access Group Pty Ltd were reasonable and necessary in the context of the current economic environment and operational requirements of the company.

In reaching its decision, the Commission considered the economic context and the necessity of the proposed changes for Lane Access Group Pty Ltd's business. The Commission also assessed whether the proposed variations would have a detrimental impact on the employees and whether the application complied with the procedural requirements stipulated in the Fair Work Act 2009. Ultimately, the Commission found that the proposed variations were reasonable and necessary and granted the application for variation of the collective agreement.

As a result of the Commission's decision, the Lane Access Group Pty Ltd / CFMEU Collective Agreement 2019-2022 was varied as per the terms set out in the application. The new terms and conditions of employment, as outlined in the variation, came into effect from the date of the Commission's 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