DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4426)

MJCR GROUP PTY LTD T-AS SOUTHSIDE CORP / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 APRIL 2021

Application for variation of the MJCR Group Pty Ltd t-as Southside Corp / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the MJCR Group Pty Ltd t-as Southside Corp / 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 MJCR Group Pty Ltd t-as Southside Corp / CFMEU Collective Agreement 2019-2022 with the following:

MJCR Group Pty Ltd t-as Southside Corp / 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 7 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and MJCR Group Pty Ltd t/as Southside Corp. The dispute arose from an application for variation of the CFMEU Collective Agreement 2019-2022. The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction to resolve workplace disputes. The CFMEU sought to vary the terms of the existing collective agreement, which had been entered into between the union and the employer, to address changes in circumstances and to ensure the continued fairness and relevance of the agreement.

The legal issues before the Commission were whether the proposed variations to the collective agreement were reasonable and necessary in light of the changed circumstances. The Commission had to consider the principles of good faith bargaining, the need for fairness and flexibility in employment agreements, and whether the changes would adversely affect the employees' terms and conditions. Additionally, the Commission needed to assess whether the proposed variations were consistent with the objectives of the Fair Work Act 2009.

In its decision, the Commission found that the proposed variations to the collective agreement were reasonable and necessary. It noted that the changes were the result of genuine efforts at good faith bargaining between the parties and were aimed at addressing specific issues that had arisen since the agreement was signed. The Commission was satisfied that the variations would not adversely affect the employees' terms and conditions and that they were consistent with the objectives of the Fair Work Act. The Commission also highlighted the importance of maintaining a cooperative and flexible approach to employment agreements, particularly in light of the changing nature of work and the challenges faced by employers and employees alike.

As a result of the Commission's decision, the CFMEU Collective Agreement 2019-2022 was varied in accordance with the terms proposed by the parties. The final orders of the Commission were that the variations to the agreement be approved and that the amended agreement be registered with the Fair Work Commission.

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