DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4186)

PRESTON HIRE (WA) PTY LIMITED AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

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

Application for variation of the Preston Hire (WA) Pty Limited and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of a variation to the Preston Hire (WA) Pty Limited and CFMEU (WA) Enterprise Agreement 2020-2024 (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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Preston Hire (WA) Pty Limited. The dispute centred around the variation of the Preston Hire (WA) Pty Limited and CFMEU (WA) Enterprise Agreement 2020-2024, which was filed in the Fair Work Commission of Australia. The CFMEU sought a variation of the enterprise agreement to address certain issues arising from its implementation. Preston Hire (WA) Pty Limited opposed the application, arguing that the requested changes were not warranted or justified.

The legal issues the court was required to decide involved the interpretation and application of the Fair Work Act 2009 and the relevant provisions of the Fair Work Regulations. The primary question was whether the requested variations to the enterprise agreement were appropriate and justified under the statutory framework. The court had to consider the principles of good faith bargaining, the proper application of the existing agreement, and the impact of any proposed changes on the parties' respective rights and obligations.

In its decision, the Fair Work Commission examined the evidence and submissions from both parties, as well as the relevant legal principles. The court found that the requested variations were necessary to address genuine issues that had arisen since the agreement was signed, and that the changes were in line with the principles of good faith bargaining and the proper application of the existing agreement. The court also considered the potential impact of the proposed changes on the parties' respective rights and obligations, and concluded that the benefits of the variations outweighed any potential drawbacks. As a result, the court granted the application for variation of the enterprise agreement, with specific terms and conditions outlined in the decision.

The final orders of the court included the approval of the variation to the Preston Hire (WA) Pty Limited and CFMEU (WA) Enterprise Agreement 2020-2024, with effect from the date of the decision. The court also directed that the parties must take all necessary steps to implement the changes and ensure compliance with the new agreement. The decision serves as a reminder of the importance of good faith bargaining and the need for enterprise agreements to be flexible and adaptable to changing circumstances.

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