DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4253)

BRIGHTON CEILINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MARCH 2021

Application for variation of the Brighton Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Brighton Ceilings 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 25 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Brighton Ceilings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was an application for the variation of a collective agreement, specifically the Brighton Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed variations to the collective agreement were necessary to address a significant change in circumstances since the agreement was signed. The applicant argued that changes in the economic environment, particularly the effects of the COVID-19 pandemic, necessitated adjustments to the agreement to ensure the continued viability of the business. The union, on the other hand, opposed the variations, arguing that they would adversely affect the employees' conditions.

The Commission considered the evidence presented by both parties, including economic data, business plans, and expert testimony. The Commission found that while the economic environment had indeed changed significantly, the applicant had not demonstrated that the proposed variations were necessary to address those changes. The Commission also noted that the variations would result in a substantial reduction in the employees' conditions, which the union had argued against. Ultimately, the Commission dismissed the application for variation of the agreement, finding that the applicant had not met the threshold for demonstrating significant change in circumstances.

The Fair Work Commission ordered that the Brighton Ceilings Pty Ltd / CFMEU Collective Agreement 2019-2022 remain in force without the proposed variations. The applicant was also ordered to pay the union's costs of the application. The decision underscores the importance of demonstrating a significant change in circumstances when seeking to vary a collective agreement, and the need to balance the interests of both employers and employees in such applications.

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