DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4361)

RF GROUP FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 MARCH 2021

Application for variation of the RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by 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 in accordance with Annexure A to this decision.

[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 RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022 has been replaced with the following:

RF Group Formwork 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved RF Group Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, with the dispute brought before the Fair Work Commission. The company sought a variation of the existing collective agreement, specifically the RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022. The key issues before the Commission were whether the proposed changes to the agreement were necessary and fair, and whether they complied with the relevant legislative provisions.

The central issue was whether the modifications to the collective agreement, which included alterations to employment terms and conditions, were justifiable under the Fair Work Act 2009. The Commission needed to determine if the proposed changes were necessary for the company to remain competitive and sustainable, and if they were fair in terms of balancing the interests of both parties. Furthermore, the Commission had to consider whether the changes complied with the requirements of the Act, including the necessity of providing a fair and reasonable outcome for the employees.

In its reasoning, the Commission examined the evidence presented by both parties and considered the broader economic context and industry standards. It found that the proposed changes were necessary for the company to maintain its financial viability and adapt to market conditions. The Commission determined that the changes were fair and reasonable, as they were reflective of industry norms and provided a balanced outcome for both the employer and the employees. Consequently, the application for variation was approved, with the new terms and conditions set out in the revised collective agreement.

The final orders included the approval of the varied collective agreement, with specific clauses addressing the new terms and conditions for employees. The Commission also directed that the new agreement would be in effect from the date of the decision, ensuring a smooth transition for all parties involved.

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