DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4340)

THE STEELFIXING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 MARCH 2021

Application for variation of The Steelfixing Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to The Steelfixing 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 (FWAct).

[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 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 “The Steelfixing Group Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

The Steelfixing 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 30 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to vary certain provisions of the Steelfixing Group Pty Ltd / CFMEU Collective Agreement 2019-2022. The matter was heard by the Fair Work Commission (FWC), the industrial relations tribunal in Australia. The dispute centred around specific clauses within the collective agreement that the union sought to amend, particularly those relating to the employment conditions and working arrangements of the employees covered by the agreement.

The legal issues before the FWC encompassed the scope of its authority to vary collective agreements, the interpretation of the relevant clauses, and the fairness of the proposed changes. The union argued that the changes were necessary to adapt to new working conditions and to protect the rights and interests of the employees. Conversely, the employer contested the application on the grounds that the proposed amendments would impose additional costs and operational burdens without sufficient justification.

The FWC examined the evidence and submissions from both parties and assessed whether the proposed changes would lead to a fairer and more efficient workplace. The tribunal also considered the principles of good faith bargaining and the broader objectives of the Fair Work Act 2009. After careful deliberation, the FWC determined that certain aspects of the application were warranted, while others were not supported by the evidence. The tribunal concluded that while the union had made a reasonable case for some of the proposed changes, others were not sufficiently justified to warrant a variation of the agreement.

The final orders of the FWC included the approval of some of the union's proposed amendments, with specific changes to the clauses regarding shift patterns and overtime entitlements. However, the tribunal rejected other proposed changes, such as those related to the employer's ability to manage its workforce and the financial implications of the proposed amendments. The decision provides guidance on the process for varying collective agreements and the factors that the FWC will consider in such applications.

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