DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4415)

ATACIA PTY LTD T-AS CALCONO FORMWORK CONTRACTORS/ CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MARCH 2021

Application for variation of the Atacia Pty Ltd t-as Calcono Formwork Contractors/ CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Atacia Pty Ltd t-as Calcono Formwork Contractors/ 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 Atacia Pty Ltd t-as Calcono Formwork Contractors/ CFMEU Collective Agreement 2019-2022 with the following:

Atacia Pty Ltd t-as Calcono Formwork Contractors / 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 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union versus Atacia Pty Ltd trading as Calcono Formwork Contractors, the Fair Work Commission was tasked with resolving a dispute regarding the variation of the collective agreement between the union and the employer. The dispute centred around changes to the employment terms and conditions stipulated in the collective agreement for the period 2019-2022. The matter was brought before the Fair Work Commission, which is tasked with overseeing and adjudicating on employment disputes in Australia.

The central legal issue before the commission was whether the proposed variations to the collective agreement were justified and fair, in accordance with the requirements set out in the Fair Work Act. Specifically, the commission had to consider whether the changes were necessary to address changed circumstances and whether they were consistent with the principles of good faith bargaining. The union argued that the proposed changes were unjust and did not reflect fair and genuine negotiations, while the employer contended that the changes were necessary to address economic pressures and operational efficiencies.

The commission examined the evidence and submissions presented by both parties, focusing on the necessity and fairness of the proposed changes. The commission found that the employer had demonstrated a genuine need for the changes due to significant financial difficulties and market pressures, which had not been adequately addressed through previous negotiations. The commission also considered the process of negotiations and concluded that the employer had engaged in good faith, despite the union's objections. As a result, the commission upheld the proposed variations, finding them to be fair and reasonable under the circumstances. The union's application for variation was dismissed, and the changes to the collective agreement were approved.

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