DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4288)

SOUTHERN CROSS MASONRY CONTRACTORS 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 Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

Southern Cross Masonry Contractors 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Southern Cross Masonry Contractors Pty Ltd were involved in a dispute regarding the variation of their collective agreement. The matter was brought before the Fair Work Commission (FWC) to resolve the differences between the parties. The primary focus of the dispute was the terms and conditions of employment as outlined in the collective agreement, which needed to be adjusted to reflect changes in industry standards and practices.

The legal issues before the FWC involved interpreting the collective agreement and determining whether the proposed changes were necessary and fair. The FWC had to assess whether the modifications to the agreement aligned with the principles of enterprise flexibility and the broader economic context. Additionally, the FWC had to consider the impact of the changes on the employees' rights and protections as well as the obligations of both the employer and the union.

In delivering its decision, the FWC examined the evidence provided by both parties and the broader economic conditions affecting the industry. The FWC determined that the proposed changes to the collective agreement were necessary to ensure the agreement remained relevant and fair. The FWC considered the economic impact on both the employer and employees, as well as the need to maintain a balanced and fair industrial relationship. The FWC ultimately found that the changes were justified and ordered the variation of the collective agreement in accordance with the proposed terms.

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