DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4312)

HAND PICKED HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MARCH 2021

Application for variation of the Hand Picked Hire Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the Hand Picked Hire Pty Ltd / 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 Hand Picked Hire Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

Hand Picked Hire 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.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Hand Picked Hire Pty Ltd for a variation of the collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The company sought amendments to the existing agreement, specifically concerning changes to working conditions and pay rates. The CFMEU opposed these variations, arguing they were unreasonable and detrimental to its members.

The central legal issue the Commission had to address was whether the proposed changes to the collective agreement were reasonable. The Commission examined whether the variations were necessary to adapt to changes in the business environment and whether they were in line with the principles of good faith bargaining and fairness. Additionally, the Commission assessed the impact of the proposed changes on the employees' working conditions and whether the company had adequately justified the need for such changes.

In its decision, the Fair Work Commission determined that the proposed variations were reasonable. The Commission found that the company had demonstrated a clear need for the changes due to significant shifts in the business landscape, including economic pressures and changes in market conditions. The Commission also considered the company's commitment to maintaining a fair and reasonable working environment for its employees. Consequently, the application for the variation of the collective agreement was approved.

The Commission issued orders approving the variations to the collective agreement as proposed by Hand Picked Hire Pty Ltd, effective from the date of the decision. The new terms were to be communicated to all relevant parties, and the parties were directed to take all necessary steps to implement the changes in accordance with the 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