DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4209)

BLH NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MARCH 2021

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

[1] An application has been made for approval of a variation to the BLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by the 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 BLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022 with the following:

BLH NSW 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 24 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by BLH NSW Pty Ltd to the Fair Work Commission to vary the Collective Agreement between itself and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The Commission was asked to decide on the application's merits and whether the changes proposed by the applicant were justified under the relevant legislative framework.

The legal issues before the Commission included whether the application for variation was made in good faith and whether the changes proposed were necessary and reasonable in the circumstances. Additionally, the Commission had to consider the impact of the proposed changes on the employees and the balance of interests between the employer and the union. The application centred on amendments to provisions concerning work hours, overtime, and shift patterns, which the employer argued were necessary due to changes in business operations and market conditions.

The Fair Work Commission found that the application for variation was made in good faith and that the changes proposed were necessary to accommodate the evolving business needs of BLH NSW Pty Ltd. The Commission determined that the proposed changes were reasonable and did not adversely impact the employees' conditions to an unacceptable degree. The Commission emphasised the importance of maintaining a fair balance between the employer's operational requirements and the employees' rights, and concluded that the proposed changes met this standard. Consequently, the application was approved, and the Collective Agreement was varied as requested by the applicant.

The final orders included the approval of the proposed changes to the Collective Agreement, with specific modifications to the work hours, overtime, and shift patterns provisions. The Commission also directed that the varied agreement be communicated to all affected employees and that any disputes arising from the implementation of the changes be resolved through the agreed dispute resolution procedures.

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