DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4358)

ROCK FORM CONSTRUCTION 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 Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Rock Form Construction 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for a variation of the Collective Agreement between Rock Form Construction Pty Ltd and the CFMEU for the period 2019 to 2022. The application was brought under the Fair Work Act 2009, seeking changes to the terms and conditions of employment for certain employees within the agreement. The primary dispute centred on adjustments to wage rates, shift patterns, and the classification of employees. The employer, Rock Form Construction, opposed the application, arguing that the proposed changes were not warranted and would negatively impact their business operations.

The legal issues before the Commission included whether the application met the statutory criteria for a variation under the Fair Work Act, specifically whether the changes proposed would result in a more productive, efficient, and profitable enterprise. The Commission had to determine whether the changes proposed by the CFMEU were necessary and reasonable in the circumstances and if they were in the best interests of the employees and the enterprise. Furthermore, the Commission needed to assess whether the proposed changes would maintain a fair balance between the interests of the employer and the employees.

The Commission, after considering the evidence and submissions from both parties, found that the application did not meet the necessary criteria for a variation. The Commission determined that the proposed changes were not sufficiently justified to warrant a variation of the existing agreement. The evidence did not support the claim that the changes would lead to a more productive, efficient, or profitable enterprise. Additionally, the Commission concluded that the proposed changes would disproportionately burden the employer without a clear benefit to the employees. Consequently, the application for variation was dismissed.

The final order of the Commission was that the application for variation of the Rock Form Construction Pty Ltd / CFMEU Collective Agreement 2019-2022 be dismissed. The existing agreement remained in force, and the terms and conditions of employment for the employees would continue as per the original agreement, without the proposed changes.

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