DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4192)

FLH 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 FLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

FLH 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 FLH NSW Pty Ltd to vary the collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The application was heard in the Fair Work Commission. The applicant sought variations to the collective agreement to address changes in the industry, including the impact of the COVID-19 pandemic, and to ensure the agreement remained fair and reasonable in the circumstances.

The legal issues before the Commission were whether the proposed changes were justified, and if the variations would maintain the agreement's fairness and reasonableness. The applicant argued the changes were necessary due to significant economic pressures and disruptions caused by the pandemic. The union contended that the proposed changes were not justified and would negatively affect employees' conditions.

The Commission considered the impact of the pandemic on the industry, the changes proposed by the applicant, and the need for the agreement to remain fair and reasonable. The Commission found that the proposed changes were justified, taking into account the exceptional circumstances brought about by the COVID-19 pandemic. The changes aimed to ensure the agreement remained fair and reasonable in the current context. The Commission approved the variations to the collective agreement.

The Fair Work Commission made orders varying the FLH NSW Pty Ltd / CFMEU Collective Agreement 2019-2022 in accordance with the applicant's proposal, effective from the date of the decision. The changes were designed to address the impact of the COVID-19 pandemic on the industry and ensure the agreement remained fair and reasonable.

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