DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4248)

GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2021

Application for variation of the GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[1] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[2] 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.

[3] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2023

[4] The variation lodged contained errors in relation to appendix references. On 24 March 2021, the Applicant filed an amended version of the Variation pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 26 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought variation of the GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022, which governs the employment conditions of workers within the electricity industry. The CFMEU argued that the agreement was no longer reasonably appropriate due to changes in the industry, including the introduction of new technologies and a shift towards renewable energy sources. The matter was heard by the Fair Work Commission (FWC), which was required to determine whether the agreement should be varied to reflect these changes.

The FWC needed to consider whether the changes in the electricity industry justified a variation to the agreement. The CFMEU argued that the agreement was outdated and did not adequately address the new realities of the industry. The FWC considered evidence from both parties and undertook a comprehensive analysis of the industry, including the impact of new technologies and the shift towards renewable energy sources. The FWC also considered the need to balance the interests of both employers and employees, and to promote fairness and flexibility in the workplace.

After considering all the evidence and arguments, the FWC determined that the agreement should be varied to reflect the changes in the industry. The FWC found that the introduction of new technologies and the shift towards renewable energy sources had significantly impacted the nature of work in the industry, and that the agreement needed to be updated to reflect these changes. The FWC also found that the variation was necessary to promote fairness and flexibility in the workplace, and to ensure that the agreement remained reasonably appropriate in the current industry context. The FWC made orders varying the agreement to reflect the changes in the industry, including updates to the classification of employees, the introduction of new roles and responsibilities, and changes to the provisions governing the use of new technologies.

The FWC's decision highlights the importance of collective agreements remaining reasonably appropriate in the context of a rapidly changing industry. The decision also underscores the need for collective agreements to balance the interests of both employers and employees, and to promote fairness and flexibility in the workplace. The variation of the GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022 is likely to have significant implications for the electricity industry, and will need to be carefully implemented to ensure that it achieves its intended outcomes.

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