DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4338)

TSG STEEL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MARCH 2021

Application for variation of the TSG Steel Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

TSG Steel 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 29 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to have a collective agreement with TSG Steel Pty Ltd varied. The dispute was heard by the Fair Work Commission (FWC), the industrial relations tribunal in Australia. The CFMEU argued that changes in the workplace environment, particularly the introduction of new technology and shifts in operational practices, warranted adjustments to the terms of the collective agreement to ensure they remained fair and equitable.

The FWC was required to determine whether the changes in the workplace environment were significant enough to warrant a variation of the collective agreement. The court needed to assess the evidence presented by both parties and determine whether the changes constituted a material change in circumstances under the Fair Work Act 2009. The FWC also had to consider whether any proposed variations would be consistent with the principles of good faith bargaining and the overall purpose of the Fair Work Act to promote harmonious, productive and cooperative workplace relations.

After examining the evidence, the FWC found that while there had been changes in the workplace, they did not constitute a material change in circumstances that would warrant a variation of the collective agreement. The FWC emphasised the importance of maintaining the stability and predictability of the existing agreement, which was a key element in fostering cooperative and productive workplace relations. Consequently, the application for variation was dismissed. The FWC's decision was based on its assessment that the changes did not significantly impact the terms and conditions of employment in a way that would justify altering the existing agreement.

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